Di Bella v. Di Bella

Order, Supreme Court, New York County, entered September 1, 1977, granting defendant’s motion to dismiss the complaint on the basis of section 176 of the Domestic Relations Law and denying plaintiffs motion for a temporary injunction as academic, unanimously affirmed, without costs and disbursements. In 1975, the parties were divorced following an action commenced by the wife in which plaintiff *957herein defaulted. The divorce decree did not determine any property rights and no property agreement was entered into. In 1977, plaintiff commenced this action seeking one half of a certain bank…