Holahan v. Holahan (274 A.D. 846, 1948)

Judgment and order affirmed, with costs. All concur, except Love and Kimball, JJ., who dissent and vote for reversal on the ground that there was a merger of the separation agreement in the decree of divorce notwithstanding the provisions of paragraph V of the separation agreement. (The judgment is for plaintiff in an action to recover balance due under a separation agreement. The order grants plaintiff’s motion to strike out defendant’s answer and amended answer and directs summary judgment for plaintiff.) Present — Taylor, P. J., McCurn, Love, Vaughan and Kimball, JJ. [191 Misc. 47.]