Opinion
June 15, 1967
Order, entered February 17, 1967, unanimously reversed on the law, without costs and disbursements to either party, and motion of respondent-appellant is granted to the extent of directing judgment declaring the separation agreement at issue to be valid and not repugnant to section 5-311 Gen. Oblig. of the General Obligations Law, and directing vacatur of the stay contained in the order entered June 18, 1965. The respondent-appellant may pursue her rights and remedies, including arbitration, under the separation agreement. No costs have been allowed appellant because the application for accelerated judgment was made practically on the eve of trial. This court has stressed its displeasure with motions for summary dispositions of cases, tardily made. ( Jordan v. Levy, 16 A.D.2d 64).
Concur — Eager, J.P., Steuer, Tilzer, McNally and McGivern, JJ.