Chappell v. Chappell

Plaintiff, a resident of the State of New Jersey, moves for summary judgment under rule 113 of the Rules of Civil Practice and to strike out certain defenses pursuant to rule 109. Defendant cross-moves for an order dismissing the complaint under rule 113 of the Rules of Civil Practice and in the alternative for a stay of all proceedings pending the deter*969mination of an undecided application to modify an existing divorce decree entered in the courts of Mew Jersey in a prior action between these parties.

The complaint sets up a cause of action seeking a recovery under an agreement between the…