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LEVITT v. LEVITT

18 A.D.2d 1051 (1963)

Seymour Levitt, Respondent, v. Harriet Levitt, Appellant. (Action No. 2.)

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

March 5, 1963

Judgment unanimously reversed on the law and facts, with costs and motion of plaintiff Seymour Levitt for summary judgment denied, with $10 costs.

Memorandum:

We recognize the general rule that the commencement of a separation action by a wife and her subsequent conduct in obtaining an award of temporary alimony constitutes an election to terminate a separation agreement. (Cavellier v. Cavellier, 4 A.D.2d 600; see...

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