Awerman v. Awerman

In an action, inter alia, to recover damages for breach of a separation agreement, the plaintiff appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated June 22, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint, denied the plaintiffs cross motion for summary judgment, and denied as academic the plaintiffs motion to compel discovery.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting the defendant’s motion for summary judgment dismissing the complaint and substituting therefor a provision…