Dunn v. Dunn

Plaintiff moves for summary judgment in an action for arrears in payments due under a separation agreement. The only substantial issue presented on the motion is the sufficiency of an affirmative defense. The defense is based on a judgment annulling the marriage on the ground of defendant’s fraud.

The agreement expressly provides that no subsequent judgment for annulment should abrogate the agreement and that neither party would attempt to enforce any judgment inconsistent with the agreement. Plaintiff made no request for support in the annulment action and no reference was made to the…