KOEHLER v. KOEHLER


30 Misc.2d 381 (1961)

Charles J. Koehler, Plaintiff, v. Sallie Koehler, Defendant.

Supreme Court, Special Term, Nassau County.

August 18, 1961


Attorney(s) appearing for the Case

William M. Mullooly for plaintiff. Meyer F. Goodman for defendant.


THOMAS P. FARLEY, J.

In an action brought pursuant to section 473 of the Civil Practice Act for a judgment declaring the rights of the parties under a separation agreement, the defendant moves to dismiss the complaint for legal insufficiency under rule 106 of the Rules of Civil Practice. The contention of the plaintiff, the former husband of the defendant, is that the agreement is void because made in contemplation...

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