118 N.Y.S. 775 | N.Y. Sup. Ct. | 1909
The defendant sets up the fact that there is in existence a separation agreement between him and the plaintiff as parties of the first and second parts and one Michel Bernstein, as trustee for the plaintiff, as party of the third part, by the terms of which the sum of $3,800 annually in equal half monthly installments is to be paid'by him for the support and maintenance of the plaintiff and her children. On behalf of the defendant the point is made that the wife’s remedy is an action for specific performance of the agreement; or, if it is unfair or inequitable or was
Ordered accordingly.