Blasie v. Blasie , 34 N.Y.S.2d 37 ( 1942 )

Action for divorce brought by plaintiff husband against defendant wife. Judgment dismissing the complaint reversed on the law, without costs, and a new trial granted. The issues of fact respecting the issues framed should have been submitted to the jury. Whether or not a bar existed against plaintiff, founded on a prior separation decree, was a matter to be determined after the framed issues were passed upon. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.