Peck v. Peck

Plaintiff husband sues for divorce alleging that he has lived separate and apart from his wife for a period of one year pursuant to a court order ‘ ‘ which said Order and Judgment consists of an Agreement and/or Decree of Separation.” Defendant moves for summary judgment on the ground that the order referred to was not a decree of separation within the meaning of subdivision (5) of section 170 of the Domestic Relations Law, nor was it a written separation agreement within the meaning of subdivision (6) of that section."

The order and judgment referred to in the complaint was made in an action…