Fitzgerald v. Morgenstern

In this action to recover $10,000 allegedly due under a separation agreement, plaintiff, former wife of *576defendant, moves for summary judgment pursuant to CPLR 3212. Defendant opposes the motion upon the ground that there is a triable issue as to whether the separation agreement is contrary to public policy and null and void, as pleaded in his answer, because the parties allegedly entered the agreement upon the understanding and condition that plaintiff would obtain a divorce from defendant. Defendant argues for an opportunity to prove, on the trial, that the true consideration for the…