Resslhuber v. Resslhuber

In an action for a money judgment for arrears due under a separation agreement incorporated, but not merged, into a Mexican decree of divorce, and for counsel fees, defendant appeals from (1) an order of the Supreme Court, Westchester County, dated June 30, 1976, which granted plaintiff’s motion to dismiss his counterclaim and (2) a judgment of the same court, dated July 19, 1976, which, after a hearing, fixed arrears and awarded plaintiff a counsel fee. Order and judgment affirmed, with one bill of costs to cover both appeals. A party to a separation agreement which adequately provides for…