Weissberger v. Weissberger , 268 A.D. 778 ( 1944 )

In an action by a wife for a separation, defendant appeals from an order denying his motion for permission to serve a supplemental answer in order to plead as a defense a judgment between the same parties in an earlier action. Order affirmed, with ten dollars costs and disbursements. The paper sought to be pleaded in the proposed supplemental answer is not a judgment but an order. We pass upon no other question in the ease. Close, P. J., Johnston, Adel, Lewis and Aldrich, JJ., concur.