SOMMER v. SOMMER


36 Misc.2d 379 (1962)

Harriet Sommer, Plaintiff, v. Abraham Sommer, Defendant.

Supreme Court, Special Term, New York County.

August 29, 1962


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon (Louis Nizer and Walter S. Beck of counsel), for defendant. Wechsler & Solodar (Albert L. Solodar and Jacob Lewis Gold of counsel), for plaintiff.


BERNARD NEWMAN, J.

Defendant moves to dismiss the three causes of action alleged in an amended complaint pursuant to subdivisions 1 and 4 of rule 107 of the Rules of Civil Practice.

In the first cause, plaintiff seeks a declaratory judgment that a decree of divorce obtained by her in Alabama on February 29, 1960 is null and void; and that a separation agreement entered into between the parties on February 23, 1960 — which was ratified and...

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