Rosamilia v. Morton

On April 2, 1964, Penrod Morton, one of the defendants here, was granted a judgment of separation against James Morton, the other defendant. The sole issue on this motion for summary judgment is whether that prior judgment of separation is res judicata as to plaintiff tradesman on the question of nonsupport. If that issue was determined on the merits in the separation action, the result is binding on the tradesman. See Weidlich v. Richards (276 App. Div. 383, 384-385) where the court said: “After trial, however,, there is no occasion for weighing probabilities or relying on preliminary…