Sockman v. Sockman

Memorandum. Following defendant’s default in payments due under the separation agreement, plaintiff retained her right of action to recover past due payments thereunder, if any, until a termination thereof by some act on her part which in legal effect repudiated the agreement. (Breiterman v. Breiterman, 239 App. Div. 709; Pinkus v. Pinkus, 230 id. 791; O’Brien v. O’Brien, ante, p. 427.) We do not construe the separation agreement as expressing an intent to make provision for counsel fee and the expense of defraying a matrimonial action brought by the husband (the defendant herein) against…