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DEMPSEY v. DEMPSEY

205 Misc. 495 (1954)

Jennie Dempsey, Respondent, v. Patrick Dempsey, Appellant.

Supreme Court, Appellate Term, Second Department.

Resettled January 21, 1954.

Attorney(s) appearing for the Case

Vincent S. Martinelli for appellant.

Jennie Dempsey, respondent in person.

WALSH, COLDEN and UGHETTA, JJ., concur.

Per Curiam.

A claim for unpaid alimony cannot be made the basis for recovery in an independent action (Maynard v. Maynard, 112 N.Y.S.2d 813). The exclusive remedy is an application in the matrimonial action pursuant to the provisions of section 1171-b of the Civil Practice Act.

The judgment should be unanimously reversed upon the law, without costs, and motion to dismiss the complaint granted.

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