Riemer v. Riemer

This is an action for a separation and for rescission of a separation agreement. The plaintiff wife moves to reargue a prior motion and the defendant husband cross-moves to strike the third and fourth causes of action to rescind the agreement.

The husband contends that inasmuch as the wife has lately instituted an action to recover moneys as necessaries or, in the alternative, under the terms of the separation agreement, she has thereby ratified the agreement and consequently that the prior actions instituted by her herein for a separation and to rescind must be dismissed.

In actions to rescind…