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Frooks v. Peck

Supreme Court, Appellate Term, First Department
Feb 8, 1962
35 Misc. 2d 177 (N.Y. App. Term 1962)

Opinion

February 8, 1962

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, EUGENE B. McAULIFFE, J.

Elliott L. Biskind for appellant.

Sanford Solarz for respondent.


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 — HECHT, J.P., GOLD and CAPOZZOLI, JJ.

Judgment reversed, etc.


Summaries of

Frooks v. Peck

Supreme Court, Appellate Term, First Department
Feb 8, 1962
35 Misc. 2d 177 (N.Y. App. Term 1962)
Case details for

Frooks v. Peck

Case Details

Full title:DOROTHY FROOKS, Respondent, v. GEORGE T. PECK, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Feb 8, 1962

Citations

35 Misc. 2d 177 (N.Y. App. Term 1962)
232 N.Y.S.2d 137

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