O'ROURKE v. WESTON


37 Misc.2d 733 (1962)

Kathleen O'Rourke, Plaintiff, v. Jay Weston, Defendant.

Civil Court of City of New York, New York County.

November 19, 1962


Attorney(s) appearing for the Case

Murray Lichtenberg for plaintiff. Jacob Schechner for defendant.


PELHAM ST. GEORGE BISSELL, 3RD, J.

Plaintiff moves for summary judgment on the first cause of action. Defendant requests summary judgment.

Plaintiff instituted the first cause of action based upon a separation agreement. The pertinent sections of the separation agreement dated March 9, 1959 provide, in part, as follows:

"(b) The provisions of this agreement shall not be construed to prevent either party from suing for an absolute divorce...

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