Beneduce v. Beneduce

Defendant wife appeals from an order denying her motion for summary judgment in an action by her husband to rescind and enjoin the enforcement of a separation agreement.

Subsequent to the execution of the agreement the wife obtained a Mexican divorce in which her husband appeared.

*2The separation agreement was incorporated in the final divorce decree by reference but did not merge therein.

Thereafter, when the plaintiff husband failed to make alimony payments pursuant to the terms of the separation agreement, the wife obtained a judgment for arrears in the Municipal Court.

Plaintiff in this action…