Berkowitz v. Berkowitz

In an action, inter alia, for separation, the defendant husband appeals from an order of the Supreme Court, Rockland County, entered April 3, 1975, which denied his motion for summary judgment dismissing the third cause of action in plaintiff’s amended complaint. Order reversed, on the law, without costs, and motion granted. Appellant discharged his obligation to provide respondent with necessaries by fully complying with the support order of the Family Court (Turner v Woolworth, 221 NY 425; Macy, Inc. v Herskowitz, 56 Misc 2d 847). Similarly, respondent waived her common-law right to recover…