Auten v. Auten

The determination made at Special Term is correct, except that institution of the action for a separation did not bar rights which had accrued under the separation agreement prior to that time. If such rights exist they may be enforced. Judgment and order unanimously modified accordingly and, as so modified, affirmed, without costs. Settle order on notice. Present — Peek, P. J., Dore, Cohn and Breitel, JJ. [See 281 App. Div. 740, 874.]