Psaroudis v. Psaroudis

Memorandum. Although the existence of the plaintiff husband’s prior marriage, continuing at the time of his marriage to defendant wife, is admitted in his pleading in this action, the prior adjudication in the wife’s action for a separation is a determination directly binding on these parties that the present marriage is legally valid (Statter v. Statter, 2 N Y 2d 668). The determination by the prior judgment would serve to defeat this kind of action for tort based on fraud. The husband did not plead the res judicata effect of the prior judgment in defense of the defendant wife’s…