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Title: Ruth Borax v. Herman Borax
Author : Court of Appeals of New York
Release Date : January 27, 1958
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

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[4 N.Y.2d 113 Page 114] This appeal is from an order dismissing the complaint in a separation action on motion upon the ground that it is barred
by a previous separation agreement between the parties. A valid and subsisting provision for support and maintenance in a
separation agreement bars the maintenance of a separation action (Drane v. Drane, 207 App. Div. 217; Benesch v. Benesch, 182
App. Div. 221; Beebe v. Beebe, 174 App. Div. 408; 9 Carmody on New York Practice, Â§ 238, p. 386). The complaint anticipates
and endeavors to avoid this basis for dismissal, by alleging that the separation agreement was broken by defendant husband
by violating the covenant against molestation of plaintiff. He has paid all of the installments for her support. It is alleged
that he molested her by obtaining a Mexican divorce without jurisdiction, purporting to marry another woman whom he held out
publicly as his wife, and giving his name to her child. It is also alleged that he sent to her malicious written communications.

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