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Alexander v. Alexander

9 A.D.2d 692 Court N.Y. App. Div. Decision date 1959-10-26 English

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p. 692
Josephine S. Alexander, Respondent, v. Charles J. Alexander, Appellant.

In an action to recover money due under a separation agreement, the appeal is from an order of the County Court, Westchester County, granting a motion for summary judgment striking out -the answer, and from the judgment entered thereon. Order and judgment reversed, without costs, and motion denied. The record presents issues of fact which should be resolved after trial. Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.