Majority
p. 623Elizabeth I. Soltow, Appellant, v Walter Soltow, Respondent.
In an action to recover upon a separation agreement, plaintiff appeals from an order of the Supreme Court, Suffolk County, entered October 27, 1975, which denied, without prejudice, her motion for partial summary judgment. Order affirmed, without costs or disbursements. There are triable issues of fact. Martuscello, Acting P. J., Latham, Cohalan, Damiani and Titone, JJ., concur.