Strauss v. Strauss

In an action, inter alia, to rescind a separation agreement, plaintiff appeals from an order of the Supreme Court, Nassau County, entered July 11, 1979, which granted defendant’s motion to dismiss the first cause of action in the complaint on the basis of collateral estoppel. Order reversed, without costs or disbursements, and motion denied, without prejudice to any appropriate motions for summary judgment. Special Term should not have granted the motion to dismiss since the divorce decree, granted in Nassau County in February, 1974, does not bar a subsequent action to set aside the…