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BORAX v. BORAX

4 N.Y.2d 113 (1958)

Ruth Borax, Appellant, v. Herman Borax, Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1958.

Attorney(s) appearing for the Case

Charles Rothenberg for appellant.

Maurice Shorenstein and Ralph Stout for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE concur.

VAN VOORHIS, J.

This appeal is from an order dismissing the complaint in a separation action on motion upon the ground that it is barred by a previous separation agreement between the parties. A valid and subsisting provision for support and maintenance in a separation agreement bars the maintenance of a separation action (Drane v. Drane, 207 App. Div. 217; Benesch v. Benesch, 182 App. Div. 221;...

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