ZATZ v. ZATZ

Full title: MILLIE ZATZ, Respondent, v. JOSEPH ZATZ, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 5, 1940

173 Misc. 229 (N.Y. App. Term 1940)

17 N.Y.S.2d 553

Opinion

January 5, 1940.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, Ninth District.

Schlesinger Krinsky [ Ludwig Teller of counsel], for the appellant.

Jesse Cohen, for the respondent.

PER CURIAM.

Plaintiff may not maintain an action on the separation agreement for support and maintenance which by its terms was required to be and was incorporated in the divorce decree obtained by plaintiff. (See Breiterman v. Breiterman, 239 A.D. 709, and Landes v. Landes, 172 id. 758.)

Judgment and orders reversed, with ten dollars costs, plaintiff's motion denied, and defendant's motion for summary judgment dismissing the complaint granted.

HAMMER and SHIENTAG, JJ., concur; NOONAN, J., dissents.

NOONAN, J.

I dissent and vote for affirmance.