Action to declare void, as being in violation of section 51 Dom. Rel. of the Domestic Relations Law, a separation agreement and three judgments of the Municipal Court of the City of New York in respondent's favor for payments due under the separation agreement, and for other relief. Respondent moved to dismiss the complaint on the grounds of insufficiency and res judicata, under rules 106 and 107 of the Rules of Civil Practice, respectively. Appellant cross-moved to stay collection of the aforesaid money judgments, pendente lite, and for other relief. The appeal is from an order and judgment granting the motion to dismiss the complaint and denying the cross motion. The relevant paragraph of the separation agreement provides that nothing contained therein should be construed as preventing either party from instituting an action for absolute divorce, in which event the agreement might be incorporated into the decree. In such an action instituted by appellant in Mexico, wherein he appeared in person and respondent appeared generally by an attorney, said separation agreement was approved in, and made a part of, the decree. Order and judgment unanimously affirmed, with $10 costs and disbursements. No opinion.