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OLMSTEAD v. OLMSTEAD

18 N.Y.2d 652 (1966)

Lila S. Olmstead, Respondent, v. John W. Olmstead, Appellant. (Action No. 1.) Lila S. Olmstead, Respondent, v. John W. Olmstead, Appellant. (Action No. 2.)

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

John W. Olmstead and Alan W. Craig for appellant.

Roderick B. Travis and Thomas C. Woodbury for respondent.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI, BERGAN and KEATING. Judge VAN VOORHIS dissents and votes to reverse in the following opinion.

Order affirmed, with costs. Question certified answered in the affirmative.

VAN VOORHIS, J. (dissenting).

The decision in Olmstead v. Olmstead (282 App. Div. 946) would seem to me to be binding by collateral estoppel. To be sure, successive installments under separation agreements give rise to different causes of action, but where, as here, they arise out of the same agreement, the decision in an action on one installment of a question...

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