Fraioli v. Fraioli

Submission of a controversy upon an agreed statement of facts, pursuant to section 546 of the Civil Practice Act. An action between the same parties is presently pending in the Supreme Court, Westchester County, in which plaintiff seeks a permanent separation and defendant counterclaims for a separation. The facts stipulated are founded on the allegations of the pleadings in such action. We are asked to answer certain questions and based on those answers to render judgment accordingly. Submission dismissed, without costs to either party. While this proceeding is designated as a submission…