Soltow v. Soltow

In an action to recover upon a separation agreement, plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered April 19, 1974, in favor of defendant, after a non jury trial. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. The parties were married in 1951 and have two sons. In July, 1968 they entered into the separation agreement and on September 5, 1968 the marriage was dissolved by a decree of divorce. The separation agreement, which was incorporated into the divorce decree, provided that defendant would pay plaintiff…