Baylek v. Baylek

The relief herein sought was the subject of a “First affirmative defense and counterclaim” to an action brought by plaintiff for nonpayment of support for the infant child of the parties. That action was tried by this court recently, the 1 ‘ nonpayment ’ ’ issue still remaining undecided. *392In an opinion of this court entered, at the foot of that record, the said relief was denied, without prejudice, on the authority of Finlay v. Finlay (240 N. Y. 429) on the ground that the court was without authority to grant same through the medium of an action by one parent against the other.

Defendant…