Levitt v. Levitt — 18 A.D.2d 1051

Majority

p. 1051

Harriet Levitt, Appellant, v. Seymour Levitt, Respondent. (Action No. 1.) Seymour Levitt, Respondent, v. Harriet Levitt, Appellant. (Action No. 2.)

Order insofar as it grants the motion of plaintiff Seymour Levitt for summary judgment in Action No. 2 and insofar as it denies the motion of defendant Harriet Levitt for summary judgment in Action No. 2 unanimously reversed on the law and facts and Harriet Levitt’s motion, as defendant in Action No. 2, granted and complaint in Action No. 2 dismissed, and otherwise order affirmed. See Memorandum filed in companion ease of Levitt v. Levitt (18 A D 2d 1051). (Appeal by Harriet Levitt from order of Erie Special Term denying the motions of plaintiff in Action No. 1 and defendant in Action No. 2 for partial summary judgment in Action No. 1 and for dismissal of the complaint in Action No. 2.) Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.