Santora v. Santora

Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered December 8, 1981 in Rensselaer County, which denied plaintiff’s motion for summary judgment. The parties to this action were married in *7681961. They executed an agreement of separation on June 19,1980. Thereafter, plaintiff commenced this action for divorce, predicated upon a one-year separation under the agreement (Domestic Relations Law, § 170, subd [6]). After issue was joined, he moved for summary judgment and now appeals from Special Term’s denial thereof. Defendant’s answer sets up three defenses,…