SCHWARTZ v. SCHWARTZ


52 Misc.2d 309 (1966)

Miriam Schwartz, Plaintiff, v. Nathan E. Schwartz, Defendant.

Supreme Court, Special Term, Bronx County.

December 27, 1966


Attorney(s) appearing for the Case

Parker, Duryee, Zunino, Malone & Carter (Vincent J. Malone and Walter F. Bottger of counsel), for plaintiff. Morris P. Cohen, Gilbert S. Rosenthal and William Herman for defendant.


OWEN McGIVERN, J.

The plaintiff wife brings suit for separation based on alleged abandonment and nonsupport. The defendant husband pleads the pendency of an appeal by the plaintiff from a judgment in a prior action wherein her complaint was dismissed; also interposed is a plea of res judicata.

The facts are as follows: The parties were married on March 18, 1956. They lived together, with sporadic...

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