Brownstein v. Brownstein

Defendant moves for summary judgment in an action for a separation based on the grounds of cruel and inhuman treatment, and further seeks the vacatur of the order obtained by plaintiff for sequestration of his assets.

As an affirmative defense, defendant pleads a valid and subsisting separation agreement of May 2, 1946, as modified on June 1, 1948.

Plaintiff urges that paragraph 13 of the separation agreement states that “ Nothing in this agreement shall bar the institution of any action for separation by either party ’ ’. Continuing, the plaintiff further urges that the separation- agreement…