DENBERG v. FRISCHMAN


24 A.D.2d 100 (1965)

Jerome A. Denberg, Appellant, v. Edna R. D. Frischman, Defendant and Third-Party Plaintiff-Respondent. Annette Frischman et al., Third-Party Defendants

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

November 4, 1965.


Attorney(s) appearing for the Case

Garry G. Blaustein for appellant.

Louis A. Breslerman for respondent.

BOTEIN, P. J., VALENTE, McNALLY and WITMER, JJ., concur.


BREITEL, J.

The issue is whether a former husband's obligations under a separation agreement may be revived after the former wife's remarriage, subsequently determined to be void because the second husband's divorce from his first wife was nullified. The question arises in an action by the first husband for a declaratory judgment in which his motion for summary judgment pursuant to CPLR 3212 was denied. He appeals.

While CPLR 3212 (subd. [d])...

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