Opinion
February 8, 1962
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, EUGENE B. McAULIFFE, J.
Elliott L. Biskind for appellant.
Sanford Solarz for respondent.
A 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.
The judgment should be reversed, with $30 costs and judgment directed for defendant dismissing the complaint, with costs.
Concur — HECHT, J.P., GOLD and CAPOZZOLI, JJ.
Judgment reversed, etc.