
    Ebba Veeck, Respondent, v. Gustav A. Veeck, Appellant.
    
      Husband and wife — former adjudication — action by wife to set aside separation agreement —• defense of res adjudícala based upon findings and judgment in former action.
    
    
      Veeck v. Veeck, 215 App. Div. 705, affirmed.
    (Submitted February 26, 1926;
    decided March 30, 1926.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1925, which affirmed an order of Special Term denying a motion by defendant for judgment on the pleadings. The action was brought to set aside a separation agreement between husband and wife on the ground that it did not make proper provision for the plaintiff according to the present means of the defendant. The defense of res adjudícala was based upon the findings and judgment in a previous action to set aside the same agreement. (See 237 N. Y. 555.)
    The following question was certified: “ Was the defendant entitled as a matter of law to judgment on the pleadings, dismissing the complaint? ”
    
    
      
      Alexander J. Lindsay and Richmond J. Reese for appellant.
    
      Milton R. Weinberger and William Klein for respondent.
   Order affirmed, with costs; question certified answered in the negative; no opinion.

Concur: Cabdozo, Pound, Crane and Lehman, JJ. Dissenting: Hiscock, Ch. J., McLaughlin and And-JJ.  