Lalor v. Lalor

The first cause of action is to recover the July, 1948, installment of $1,000 under a separation agreement. The action was commenced July 19, 1948. Plaintiff moved for summary judgment under the first cause of action for the said $1,000 plus interest thereon from July 1, 1948. Defendant’s answer and opposing affidavit raise the contention that this *624installment was not due on July 1, 1948, but was payable at any time during said month. The separation agreement, in this respect, states as follows: “ Commencing as of April 1, 1948, the husband shall pay to the wife the sum of $1,000 per month *…