Romeo v. Romeo

In a matrimonial action, plaintiff husband appeals from an order of the Supreme Court, Nassau County, dated March 14, 1971, which denied his motion to vacate a decree of separation, to reinstate his action for annulment, and to modify support provisions. Order affirmed, with $10 costs and disbursements. The judgment of separation is res judicata as to the validity of the marriage *560(Statter v. Statter, 2 N Y 2d 668; Psaroudis v. Psaroudis, 27 N Y 2d 527). As plaintiff’s allegations do not fall into the category of newly discovered evidence, it would have been improper to reopen issues…