Gould v. Gould

Motion for summary judgment is granted. This is an action for divorce. Plaintiff and defendant married in this State. Thereafter they separated and entered into a separation agreement. By the terms of this agreement it was provided that the same would be incorporated in any divorce decree entered in New York or elsewhere, subject to the approval of the court granting the decree.

Defendant wife obtained a divorce in Nevada on March 21, 1950. The agreement was included by reference. The adultery relied upon in this cause antedates the foreign decree. Plaintiff’s theory is that this adultery…