GARY v. GARY


6 Misc.2d 669 (1957)

Charlotte S. Gary, Plaintiff, v. Walter J. Gary, Defendant.

Supreme Court, Special Term, Nassau County.

February 11, 1957.


Attorney(s) appearing for the Case

Robert J. Lederman for plaintiff.

Frank A. Jablonka, Lawrence Newmark and Robert H. Diedolf for defendant.


L. BARRON HILL, J.

This is a motion for summary judgment in an action brought to recover arrears under a modified separation agreement. The defense to the motion is that of illegality of agreement.

The parties initially separated and entered into an agreement of separation dated June 10, 1943. Thereafter, plaintiff obtained a decree of divorce in the State of Nevada which incorporated the applicable parts of the agreement relating to property...

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