Zatz v. Zatz

Appellate Terms of the Supreme Court of New York

Zatz v. Zatz

173 Misc. 229, 17 N.Y.S.2d 553, 1940 N.Y. Misc. LEXIS 2683

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 5, 1940

StatusPublished

Cited by3 cases

This text of 173 Misc. 229 (Zatz v. Zatz) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zatz v. Zatz, 173 Misc. 229, 17 N.Y.S.2d 553, 1940 N.Y. Misc. LEXIS 2683 (N.Y. Ct. App. 1940).

Pincite

Opinion

Per Curiam.

Plaintiff may not maintain an action on the separation agreement for support and maintenance which by its terms was required to be and was incorporated in the divorce decree obtained by plaintiff. (See Breiterman v. Breiterman, 239 App. Div. 709, and Landes v. Landes, 172 id. 758.)

Judgment and orders reversed, with ten dollars costs, plaintiff’s motion denied, and defendant’s motion for summary judgment dismissing the complaint granted.

Hammer and Shientag, JJ., concur; Noonan, J., dissents.

Noonan, J. I dissent and vote for affirmance.

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