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FITZGERALD v. MORGENSTERN

48 Misc.2d 575 (1965)

Bernice Fitzgerald, Plaintiff, v. Manny Morgenstern, Defendant.

Civil Court of the City of New York, Special Term, New York County.

November 8, 1965

Attorney(s) appearing for the Case

William Kerwick for plaintiff. Erdheim & Armstrong (Irving I. Erdheim and Michael F. Erdheim of counsel), for defendant.

ARNOLD L. FEIN, J.

In this action to recover $10,000 allegedly due under a separation agreement, plaintiff, former wife of defendant, moves for summary judgment pursuant to CPLR 3212. Defendant opposes the motion upon the ground that there is a triable issue as to whether the separation agreement is contrary to public policy and null and void, as pleaded in his answer, because the parties allegedly entered...

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