KEILER v. KEILER


13 Misc.2d 441 (1958)

Edith Keiler, Appellant, v. Robert A. Keiler, Respondent.

Supreme Court, Appellate Term, Second Department.

June 17, 1958.


Attorney(s) appearing for the Case

Milton M. Karpel for appellant.

Harold Hyman for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

The judgment should be unanimously reversed upon the law and the facts and new trial granted, with $30 costs to plaintiff to abide the event. Appeal from "directed verdict" dismissed; no appeal lies therefrom. The evidence presented a question of fact which should have been submitted to the jury as to whether, under all of the circumstances here present, it was plaintiff's intention to waive her rights under the separation agreement by the commencement...

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