Brock v. Brock

In this separation action plaintiff moves for an order directing the defendant to pay alimony pendente lite as well as a counsel fee. Defendant cross-moves for an order dismissing the complaint on the ground that there is a valid and subsisting separation agreement entered into between the parties.

The agreement in addition to the various directives relating to support and maintenance grants the plaintiff wife the option, in the event of any breach thereof, to either bring an action for damages on the contract or bring an action for separation. It is contended by the plaintiff that the…