Opinion
Argued March 3, 1953
Decided April 16, 1953
Appeal from the Supreme Court, Appellate Division, First Department, VALENTE, J.
Abraham N. Davis and Benjamin Heffner for appellant.
Henry Uselaner and Arthur N. Field for respondent.
Judgment affirmed, with costs. With respect to the disposition of the fifth cause of action, upon which the Appellate Division were divided, its dismissal is affirmed on the ground that the Supreme Court lacked jurisdiction to order an increase of "support and maintenance for the children of a dissolved marriage" except as "an incident to a marital action." ( Langerman v. Langerman, 303 N.Y. 465, 471.) No opinion.
Concur: LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ. LOUGHRAN, Ch. J., deceased.