Denberg v. Frischman

Plaintiff brought the action against defendant, his former wife. Defendant’s second counterclaim seeks recovery of installments to date of the amounts provided in a separation agreement for the support of the two children of the parties. An amended version of the agreement became an order of the court by virtue of the settlement made in a prior action between them. There is no question as to the amount or the fact that the payments have not been made. Both sides moved for summary judgment and Special Term granted the wife’s motion. We are of the opinion that questions of fact exist…