Wagner v. Cornblum

Plaintiff seeks summary judgment for $5,000, with interest, pursuant to CPLR 3213 in lieu of complaint. Plaintiff served a notice of motion, summons, affidavit, separation agreement, and modification thereof, and will of Jeannette A. Cornblum.

Plaintiff’s affidavit states that the parties were married December 18, 1949 and they executed a separation agreement February 3, 1967, which provided that it would not be changed by their divorce. February 17, 1969, this agreement was modified whereby defendant agreed to pay plaintiff one half of the income from the “ Kleenite ” trust created for…