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Appellate Terms of the Supreme Court of New York, 1946

Berry v. Jaworski

Berry v. Jaworski
Appellate Terms of the Supreme Court of New York · Decided May 27, 1946
187 Misc. 481; 67 N.Y.S.2d 400; 1946 N.Y. Misc. LEXIS 3249

Counsel

Solomon M. Cheser for appellant., Julius Jay Flamm for respondent.

Berry v. Jaworski

Opinion of the Court

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.

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