Davis v. Davis

Appeal from an order and judgment of the Supreme Court, Albany County Special Term which struck out defendant’s answer, dismissed the counterclaim for a divorce, and granted summary judgment in favor of the plaintiff for a sum of money alleged to be due under a separation agreement. The parties to the action were married in 1924. They separated in April, 1953, and on May 29 of the same year they entered into a separation agreement whereby the appellant agreed to pay the respondent the sum of $25 per week during their joint lives, or until the respondent should remarry. Concededly appellant…