BERKOWITZ v. BERKOWITZ


49 A.D.2d 872 (1975)

Miriam Berkowitz, Respondent, v. Max Berkowitz, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 6, 1975


Order reversed, on the law, without costs, and motion granted.

Appellant discharged his obligation to provide respondent with necessaries by fully complying with the support order of the Family Court (Turner v Woolworth, 221 N.Y. 425; Macy, Inc. v Herskowitz, 56 Misc.2d 847). Similarly, respondent waived her common-law right to recover for legal fees, incurred in a matrimonial action, as necessaries by making application...

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