Summary
In McCormack v. McCormack, supra, we find the statement, "judgment may not be entered and docketed for unpaid temporary alimony."
Summary of this case from Kelly v. KellyOpinion
March, 1934.
Order denying motion to vacate ex parte order and the judgment entered thereon reversed on the law and defendant's motion granted, without costs. A judgment may not be entered and docketed for unpaid temporary alimony. The plaintiff's remedy is by sequestration and contempt proceedings under sections 1171 and 1172 of the Civil Practice Act. ( Jacobson v. Jacobson, 85 Misc. 253; affd., 168 App. Div. 900.) Lazansky, P.J., Hagarty, Scudder, Tompkins and Davis, JJ., concur.