In an action: (1) to rescind a separation agreement between plaintiff and defendant on the grounds that its terms were unfair, unjust and inadequate and that defendant failed and refused to abide by its terms; and (2) for a judicial separation, the defendant appeals from so much of an order of the Supreme Court, Kings County, dated August 29, 1960, as granted plaintiff's motion for temporary alimony and counsel fees. The defendant contends only: (1) that no action for a separation can be maintained by plaintiff until she has been successful in vacating and annuling the separation agreement; and (2) that no alimony or counsel fees can properly be granted in an action to vacate and annul a separation agreement as such action is not a matrimonial action. Order insofar as appealed from affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur.