Safrin v. Safrin

Rich, J.:

The complaint alleges a cause of action for separation. The answer is a general denial.

The learned justice at Special Term denied the motion to vacate the notice to take the deposition of plaintiff on the authority of Harding v. Harding (203 App. Div. 721). The case upon which he relied camiot be regarded as an authority for the disposition of the motion. That was an action where it was sought to set aside a separation agreement entered into between the husband and wife on the ground that the consideration provided in the agreement was inadequate and was made at a time when the…