Appellate Terms of the Supreme Court of New York, 1962

Frooks v. Peck

Frooks v. Peck
Appellate Terms of the Supreme Court of New York · Decided February 8, 1962
35 Misc. 2d 177; 232 N.Y.S.2d 137; 1962 N.Y. Misc. LEXIS 3877

Counsel

Elliott L. Bishind for appellant. Sanford Solars for respondent.

Frooks v. Peck

Opinion of the Court

Per Curiam.

A husband’s common-law obligation to answer for his wife’s necessary expenses terminated upon the severance of the marital relationship. Therefore, legal services rendered to a former wife in connection with a proceeding to vacate a prima facie valid divorce decree of a sister State, which proceeding was discontinued, are not necessaries for which the former husband is liable.

The judgment should be reversed, with $30 costs and judgment directed for defendant dismissing the complaint, with costs.

Concur — Heoht, J. P., Gold and Capozzoli, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.