Littman v. Littman

OPINION OF THE COURT

Martin B. Stecher, J.

This is an action for divorce alleging the defendant husband’s cruel and inhuman treatment of the plaintiff. Plaintiff seeks summary judgment dismissing defendant’s first and second counterclaims and second and third affirmative defenses.

Defendant’s first counterclaim/third affirmative defense is based on plaintiff’s alleged abandonment of defendant in July, 1978. It is undisputed that on April 4,1978, while the parties resided in New Jersey, they signed an agreement which, among other things, stated that they would live separate and apart from one…