Roberts v. Roberts

Plaintiff moves in this matrimonial action for summary judgment on her first cause of action seeking to set aside a separation agreement executed by the parties on or about February 15, 1964, and for a declaration that an Alabama divorce granted defendant on or about March 23, 1964 is void and that she is the lawful wife of defendant. Plaintiff’s second cause of action is for separation which concededly is contingent upon a determination favorable to plaintiff on the first cause of action.

Defendant cross-moves to dismiss the complaint on the ground that a valid divorce decree of a sister…