Murthey v. Murthey

In a consolidated action, judgment declaring illegal and void the separation agreement, as amended, entered into between the parties, and dismissing on the merits appellant’s cause of action (deemed a counterclaim) for instalments due under the separation agreement, as amended, and order granting consolidation of the actions affirmed, without costs. No opinion. Carswell, Johnston and Adel, JJ., concur; Lazansky, P. J., concurs for affirmance of order but as to the judgment he dissents and votes *992to reverse and to grant a new trial on the ground (1) that the determinations on the facts were…