Walters v. Walters

Motion by plaintiff for leave to enter judgment for unpaid temporary alimony pursuant to section 1171-b of the Civil Practice Act in a separation action, instituted by the wife, wherein, after a trial, the complaint was dismissed on the merits.

Section 1171-b fails to state whether the judgment provided for therein may be entered after final decree has been entered. (Treherne-Thomas v. Treherne-Thomas, 267 App. Div. 509 [1st Dept.].) Prior to the enactment of section 1171-b (L. 1939, ch. 431, eff. Sept. 1, 1939), claims for unpaid alimony pendente lite fell with the entry of final judgment…