Berry v. Jaworski

187 Misc. 481 | N.Y. App. Term. | 1946

Per Curiam.

Memorandum

The judgment of separation awarding support to the wife determined the responsibility of the defendant in this action for his wife’s support and is a bar to the present action (Dravecka v. Richard, 267 N. Y. 180; Hoops v. Hoops, 292 N. Y. 428).

The order should be unanimously reversed, upon the law, with $10 costs and taxable disbursements to defendant, and motion to dismiss the complaint granted, with $10 costs.

MacCrate, McCooey and Steinbrink, JJ., concur.

Order reversed, etc.