Gary v. Gary

This is a motion for summary judgment in an action brought to recover arrears under a modified separation agreement. The defense to the motion is that of illegality of agreement.

The parties initially separated and entered into an agreement of separation dated June 10,1943. Thereafter, plaintiff obtained a decree of divorce in the State of Nevada which incorporated the applicable parts of the agreement relating to property, support and custody of the children. The defendant personally appeared in the Nevada action. In 1954 plaintiff commenced an action in this court on the agreement to collect…