SCHWARTZ v. MUNITZ


28 Misc.2d 629 (1960)

Elias Schwartz, Respondent, v. Herman Munitz, Appellant, and Lee Munitz, Respondent.

Supreme Court, Appellate Term, First Department.

July 7, 1960


Attorney(s) appearing for the Case

Schneider & Lichtenstein for appellant. Herman Lieblich for plaintiff-respondent.

Concur — STEUER, J. P., HOFSTADTER and AURELIO, JJ.


Per Curiam.

The defendants, husband and wife, are judicially separated. The dental services were rendered by plaintiff to the wife and child of defendants, subsequent to the entry of an order for temporary alimony and support. Moreover, it is conceded the wife agreed to personally pay plaintiff and that he knew of defendants' separation. It is also conceded that the husband made no agreement to pay or be liable for the services rendered by plaintiff.

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