Bowler v. Bowler

This is a motion by the defendant for a judgment dismissing the complaint on the grounds that the plaintiff is collaterally estopped from bringing this action and upon the further ground the complaint fails to state a cause of action. The motion was made pursuant to CPLR 3211 (subd. [a], pars. 5, 7).

The codefendants, Alfred T. Bowler and Pearl Dexter Bowler, were married on November 24,1961. Prior thereto the plaintiff was married to the codefendant, Alfred T. Bowler, and she secured a judgment of divorce by default on October 21, 1961, and was awarded $25 a week alimony. He failed to make…