DUNN v. DUNN


26 Misc.2d 22 (1960)

Patricia K. Dunn, Plaintiff, v. James B. Dunn, Defendant.

District Court, First District, Nassau County.

January 29, 1960


Attorney(s) appearing for the Case

Lawrence Waldman for plaintiff. James J. Byrne for defendant.


FRANCIS J. DONOVAN, J.

Plaintiff moves for summary judgment in an action for arrears in payments due under a separation agreement. The only substantial issue presented on the motion is the sufficiency of an affirmative defense. The defense is based on a judgment annulling the marriage on the ground of defendant's fraud.

The agreement expressly provides that no subsequent judgment for annulment should...

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