Appellate Division of the Supreme Court of New York, 1944

Weissberger v. Weissberger

Weissberger v. Weissberger
Appellate Division of the Supreme Court of New York · Decided June 5, 1944
268 A.D. 778; 49 N.Y.S.2d 419; 1944 N.Y. App. Div. LEXIS 3437
Weissberger v. Weissberger

Opinion of the Court

In an action by a wife for a separation, defendant appeals from an order denying his motion for permission to serve a supplemental answer in order to plead as a defense a judgment between the same parties in an earlier action. Order affirmed, with ten dollars costs and disbursements. The paper sought to be pleaded in the proposed supplemental answer is not a judgment but an order. We pass upon no other question in the ease. Close, P. J., Johnston, Adel, Lewis and Aldrich, JJ., concur.

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