McKay v. McKay

This is a proceeding for support instituted by a wife against her husband pursuant to article 4 of the Family Court Act. Several months prior to the commencement of this proceeding, the petitioner commenced an action for divorce against the respondent in the Supreme Court. This action was abandoned by the subsequent cohabitation of the parties.

Almost simultaneously with the institution of the support proceeding, the petitioner began a second action for divorce in the Supreme Court. The summons in the divorce action was dated May 27, 1975. On May 29, 1975, the petitioner verified the petition…