SCHAEFER v. SCHAEFER


3 Misc.2d 1085 (1956)

J. Albert Schaefer, Plaintiff, v. Thelma K. Schaefer, Defendant.

Supreme Court, Equity Term, Onondaga County.

December 27, 1956.


Attorney(s) appearing for the Case

Bernard S. Cohen for plaintiff.

Michael F. Dennis for defendant.


FRANK DEL VECCHIO, J.

In this action the plaintiff, J. Albert Schaefer, seeks to declare a separation agreement null and void on the ground that it does not survive a decree of annulment; the defendant, Thelma K. Schaefer, asks for judgment on a counterclaim to recover back payments under the agreement.

Briefly, the facts which give rise to this action are as follows:

In 1948 plaintiff was graduated...

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