Simpson v. Kennedy

Plaintiff moves for summary judgment. The action was instituted to recover for arrears of support payments for the infant daughter of the parties. The first cause of action is based upon a separation agreement between the parties. The second cause is upon a Mexican divorce decree which incorporated the terms of the separation agreement. The amount claimed to be in arrears is not disputed. Defendant contends that plaintiff breached the visitation provisions of the separation agreement and urges that this is a sufficiently meritorious defense to defeat this motion. A factual dispute is present…