Opinion
January 31, 1950.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ.; Glennon, J., dissents and votes to affirm. Settle order on notice. [ 195 Misc. 885.]
The record in this case convinces us that the agreement sued upon, in the light of its background, circumstances and provisions, was an agreement tending to dissolve the marriage of the parties ( Schley v. Andrews, 225 N.Y. 110) and to relieve the husband from his liability to support his wife, in contravention of section 51 Dom. Rel. of the Domestic Relations Law of this State and the corresponding public policy of the State of New Jersey. The validity of the agreement, in our opinion, is to be tested by the law of New York or New Jersey, and not by the law of Nevada. Judgment reversed, with costs, and judgment directed to be entered dismissing the complaint herein, with costs.