KEPNER v. KEPNER


12 A.D.2d 204 (1961)

F. Evelyn Kepner, Appellant, v. J. William Kepner, Respondent

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

January 17, 1961.


Attorney(s) appearing for the Case

Andrews, McBride, Abend, Pomeroy & Kennedy (Stuart E. Pomeroy of counsel), for appellant.

Travis & Whiting for respondent.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur.


HERLIHY, J.

The action results from a separation agreement between the parties which was executed on May 19, 1959. The plaintiff now seeks to void the agreement, contending that it is in violation of section 51 of the Domestic Relations Law in that it was made in contemplation of the parties obtaining a divorce and contrary to public policy of this State. It is also claimed that it violates the section inasmuch...

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