Chester v. Chester

The complaint to which the present motion for summary judgment is addressed is predicated upon provisions of a separation agreement which is no longer in existence, having been merged in the foreign decree in which the agreement has been incorporated. (Babcock v. Babcock, 147 Misc. 900; affd., 239 App. Div. 884; appeal dismissed, 263 N. Y. 665; Fales v. Fales, 160 Misc. 799; affd., 250 App. Div. 751.) The contract contained no reservation indicating an intent that it should survive the dissolution of the marriage by divorce. (Kunker v. Kunker, 230 App. Div. 641.) In that respect it differs…