Fairley v. Fairley

Appeal from an order of the Supreme Court at Special Term, entered August 13, 1979 in Warren County, which, inter alia, denied plaintiffs motion for summary judgment. Plaintiff commenced the instant divorce action in November of 1978 on the ground of living separate and apart from his wife pursuant to a separation agreement executed and filed in May of 1976. Except for the allegation that he had "substantially performed all the terms and conditions of such agreement” (Domestic Relations Law, § 170, subd [6]), defendant’s answer admitted the material elements of plaintiffs cause of action and…