60 A.D.2d 520 | N.Y. App. Div. | 1977
Order, Supreme Court, New York County, entered July 12, 1977, granting plaintiffs motion to discontinue the action without prejudice, and denying defendant’s cross motion to dismiss the action with prejudice, is unanimously affirmed, without costs, and without disbursements. Plaintiff, former wife, has brought three actions against defendant, former husband, arising out of claimed breaches of the separation agreement between them, which apparently survived the divorce. The first action was instituted in New York in 1975, by a motion for summary judgment in lieu of complaint under CPLR 3213. That motion was denied on June 25, 1975. The second