WAGNER v. CORNBLUM


62 Misc.2d 161 (1970)

Doreen C. Wagner, Plaintiff, v. Sheldon Cornblum, Defendant.

Supreme Court, Erie County.

March 10, 1970


Attorney(s) appearing for the Case

Barlow, Miller, Rosenthal & Siegel for plaintiff. Cohen, Lombardo, Blewett, Fisher & Hite (Donald A. Fisher of counsel), for defendant.


MICHAEL CATALANO, J.

Plaintiff seeks summary judgment for $5,000, with interest, pursuant to CPLR 3213 in lieu of complaint. Plaintiff served a notice of motion, summons, affidavit, separation agreement, and modification thereof, and will of Jeannette A. Cornblum.

Plaintiff's affidavit states that the parties were married December 18, 1949 and they executed a separation agreement February 3, 1967, which provided that it would not be changed by...

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