Galyn v. Schwartz

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be modified, without costs, so as to deny counsel fees to plaintiff wife, and, as so modified, affirmed.

We agree with the Appellate Division’s disposition of the defendant husband’s Statute of Limitations defense for reasons stated in its opinion. We also agree that a party to a separation agreement may not attack the validity of the agreement collaterally after it has been incorporated, as it was here, in a valid, bilateral foreign decree of divorce (Greschler v…