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35 Misc. 2d 177

Frooks v. Peck

Appellate Terms of the Supreme Court of New York · decided 1962-02-08

Decided 1962-02-08

Per Curiam.

¶1A husband’s common-law obligation to answer for his wife’s necessary expenses terminated upon the severance of the marital relationship. Therefore, legal services rendered to a former wife in connection with a proceeding to vacate a prima facie valid divorce decree of a sister State, which proceeding was discontinued, are not necessaries for which the former husband is liable.

¶2The judgment should be reversed, with $30 costs and judgment directed for defendant dismissing the complaint, with costs.

¶3Concur — Heoht, J. P., Gold and Capozzoli, JJ.

¶4Judgment reversed, etc.

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