Schreck v. Schreck

In an action to set aside as nnll and void a separation agreement dated February 27, 1953, and to direct the defendant to return the real and personal property transferred to her by the plaintiff pursuant to such agreement, the defend*706ant moves to dismiss each of the two causes of action alleged in the complaint on the grounds (1) that neither states facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 106, subd. 4) and (2) that the decree annexed to the complaint constitutes an existing final judgment of the Supreme Court of the State of New York rendered on the merits,…