Gary v. Gary

In an action to recover payments under a separation agreement, alleged to be past due, the appeal is from an order granting a motion for summary judgment striking out the answer and from the judgment entered in accordance therewith. Order and judgment unanimously affirmed, with $10 costs and disbursements. The agreement is not in contravention of section 51 of the Domestic Relations Law. Present — Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ. [ 6 Misc 2d 669 .]