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BENEDUCE v. BENEDUCE

18 A.D.2d 1 (1963)

Eugene J. Beneduce, Respondent, v. Helen F. Beneduce, Appellant

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

February 21, 1963.

Attorney(s) appearing for the Case

Leo E. Falkin of counsel (Seligson & Falkin, attorneys), for appellant.

Donald A. Gerson for respondent.

BOTEIN, P. J., BREITEL, VALENTE, McNALLY and STEVENS, JJ., concur.

Per Curiam.

Defendant wife appeals from an order denying her motion for summary judgment in an action by her husband to rescind and enjoin the enforcement of a separation agreement.

Subsequent to the execution of the agreement the wife obtained a Mexican divorce in which her husband appeared.

The separation agreement was incorporated in the final divorce decree by reference but did not merge therein....

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