Opinion
May 27, 1946.
Appeal from the City Court of the City of New York, Kings County, JOYCE, J.
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.