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Berry v. Jaworski

187 Misc. 481 Court Supreme Court, Appellate Term, Second Department, Decision date 1946-05-27 English

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p. 481
Irving M. Berry, Respondent, v. John A. C. Jaworski, Appellant.
Supreme Court, Appellate Term, Second Department,
May 27, 1946.
Solomon M. Cheser for appellant.
Julius Jay Flamm for respondent.

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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