¶1Judgment reversed on the law and facts, without costs of this appeal to either party, and complaint dismissed, without costs. Certain findings of fact disapproved and reversed. Memorandum: The separation agreement, pleaded as a defense, bars the maintenance of this action. (Winter v. Winter, 191 N. Y. 462, 473-475; Matter of Rhinelander, 290 N. Y. 31, 37; Benesch v. Benesch, 182 App. Div. 221; Drane v. Drane, 207 App. Div. 217; Almonte v. Almonte, 259 App. Div. 311; Matter of Tierney, 148 Misc. 378, 383.) All concur. (The judgment is for plaintiff in an action for separation.) Present'— Crosby, P. J., Cunningham, Dowling, Harris and MeCurn, JJ.
267 A.D. 805
Oatman v. Oatman
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1943
Appellate Division of the Supreme Court of the State of New York · decided 1943-12-30
Relies on Winter v. . Winter · In Re the Accounting of Rhinelander · In re the Estate of Tierney
Decided 1943-12-30