Towers v. Towers

The defendant moves to dismiss the complaint for legal insufficiency and, pursuant to the provisions of subdivision 4 of rule 107 of the Rules of Civil Practice, to dismiss it on the ground that there is an existing final judgment rendered on the merits by a court of competent jurisdiction determining the same cause of action between the parties. The plaintiff cross-moves for an order pursuant to section 1169-a of the Civil Practice Act for a counsel fee.

This action is brought by the plaintiff to. declare the nullity of a decree of divorce which the defendant had obtained against her in the…