Fischer v. Fischer

Order entered January 3, 1969, modified on the law to dismiss -second counterclaim and to limit the stay of execution to the extent of the sum demanded in the first counterclaim and, as so modified, affirmed, without costs to either party as against the other. Plaintiff moved for summary judgment in an action for arrears on a separation agreement. Defendant had pleaded two counterclaims for overpayments allegedly made by mistake. Special Term granted summary judgment but stayed execution on the second cause of action to the extent of the claims pleaded in the counterclaims. We find that the…