BERGMANN v. BERGMANN


89 A.D.2d 516 (1982)

Ava Bergmann, Respondent-Appellant, v. Robert I. Bergmann, Appellant-Respondent and Third-Party Plaintiff-Appellant. Jacoby and Meyers, Third-Party Defendant-Respondent

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

July 1, 1982


Defendant has failed to submit any evidence sufficient to raise a triable issue of fact as to the validity and enforceability of the separation agreement, and accordingly, summary judgment was properly granted in plaintiff's favor enforcing it. The agreement explicitly provided that if either party fails to perform his or her financial and other obligations under the agreement, the parties shall have the right to seek legal remedies, and they shall indemnify each other from...

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