Appellate Division of the Supreme Court of the State of New York November 5, 1937 (Sockman v. Sockman)

Memorandum. Following defendant’s default in payments due under the separation agreement, plaintiff retained her right of action to recover past due payments thereunder, if any, until a termination thereof by some act on her part which in legal effect repudiated the agreement. (Breiterman v. Breiterman, 239 App. Div. 709; Pinkus v. Pinkus, 230 id. 791; O’Brien v. O’Brien, ante, p. 427.