Sureau v. Sureau

Determination of the Appellate Term reversed and the order of the Municipal Court modified so as to strike therefrom the provision for the dismissal of the complaint, and a trial of the issues is directed. Whether the parties intended that the Nevada decree and its subsequent modifications should operate as a merger of the separation agreement and bar its survival of the decree is an issue of fact which should only be determined upon a trial. (Hettich v. Hettich, 304 N. Y. 8,14,15; Goldman V. Goldman, 282 N. Y. 296, 305; Schmehel V. Schmehel, 287 N. Y. 21, 26.) Present — Peck, P. J., Dore,…