ROSAMILIA v. MORTON


45 Misc.2d 714 (1965)

Phil Rosamilia, Doing Business as Lake Success Garden Mart, Plaintiff, v. James Morton et al., Defendants.

District Court of the County of Nassau.

March 25, 1965


Attorney(s) appearing for the Case

Baletta & Weintraub for plaintiff. Leslie Kirsch for James Morton, defendant. Phillips, Nizer, Benjamin, Krim & Ballon for Penrod Morton, defendant.


BERNARD TOMSON, J.

On April 2, 1964, Penrod Morton, one of the defendants here, was granted a judgment of separation against James Morton, the other defendant. The sole issue on this motion for summary judgment is whether that prior judgment of separation is res judicata as to plaintiff tradesman on the question of nonsupport. If that issue was determined on the merits in the separation action, the result is binding on the tradesman. See Weidlich...

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