AUTEN v. AUTEN


308 N.Y. 155 (1954)

Margarite Auten, Appellant, v. Harold Auten, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954


Attorney(s) appearing for the Case

Michael Alexander, Bernard B. Smith and Leonard H. Steibel for appellant.

Saul Hammer for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FROESSEL and VAN VOORHIS, JJ., concur.


FULD, J.

In this action to recover installments allegedly due for support and maintenance under a separation agreement executed in this state in 1933, the wife's complaint has been dismissed, on motion for summary judgment, upon the ground that her institution of an action for separation in England constituted a repudiation and a rescission of the agreement under New York law. Determination of the appeal, involving...

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