133 Misc. 807 | N.Y. Sup. Ct. | 1929
At the conclusion of the trial, for reasons then expressed, the second cause of action was dismissed. The court announced that the testimony of the plaintiff was entitled to no credence whatsoever and that the sole questions that survived were whether or not the written agreement of February 9, 1917, where-under defendant was to receive a share of the alimony to be awarded to plaintiff if successful in a pending matrimonial action was void as against public policy, and if void whether the plaintiff's right of recovery was barred by the ten-year Statute of Limitations. (Civ. Prac. Act, § 53.) Defendant was acting as plaintiff’s attorney. When the agreement between the parties hereto was executed the divorce action pending between the plaintiff and her husband had not been determined. The court had previously awarded a weekly stipend as temporary alimony and negotiations were in progress to fix the amount to be awarded in lieu of permanent alimony to the