KWAITT v. BRESLAW


29 Misc.2d 117 (1961)

Sydelle B. Kwaitt, Formerly Known as Sydelle B. Breslaw, Plaintiff, v. Martin J. Breslaw, Defendant.

Supreme Court, Special Term, New York County.

June 16, 1961


Attorney(s) appearing for the Case

Davidson, Cohen & Zelkin for plaintiff. Kaplan & Kilsheimer (James B. Kilsheimer, III, of counsel), for defendant.


EDGAR J. NATHAN, JR., J.

This motion for summary judgment is granted.

Plaintiff brings this action to recover arrears due for the support of the child of the parties under a separation agreement which was subsequently incorporated in a Florida decree of divorce. By its express terms the agreement was to survive any judgment or decree rendered in favor of plaintiff in a subsequent matrimonial action.

Defendant claims as a defense that plaintiff...

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