Opinion
Argued December 8, 1932
Decided January 10, 1933
Appeal from the Supreme Court, Appellate Division, Second Department.
Charles H. Tuttle for appellant. Henry A. Uterhart and Edward D. Brown for respondent.
The provision of the final judgment of divorce "directing payments of money for the support of the plaintiff" (Civ. Pr. Act, § 1159) should be stricken out, the plaintiff having remarried, but without prejudice to the right of the plaintiff to seek relief under the provisions of the contract of December 12, 1925. We express no opinion as to her right to support under such contract.
The order should be modified in accordance with this opinion and as so modified affirmed, without costs.
POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ., concur.
Ordered accordingly.