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LANGSAM v. LANGSAM

6 A.D.2d 840 (1958)

Augusta Langsam, Appellant, v. Maurice J. Langsam, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 30, 1958

Judgment unanimously affirmed, without costs.

We do not regard the institution of the Florida suit as constituting a breach of the separation agreement entitling appellant to repudiate it. We believe that the existence of a valid and subsisting provision for support and maintenance in the agreement bars the maintenance of a separation action. Even had that action been prosecuted to its conclusion, it would not have affected...

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