In an action for a judgment declaring that she was defendant's lawful wife and that a divorce decree obtained by defendant in Nevada was invalid, plaintiff appeals from a judgment dismissing the complaint. Subsequent to that divorce decree, a final judgment of separation was entered in plaintiff's favor in an action in the Supreme Court, New York County, in which defendant appeared. Defendant did not interpose the Nevada decree as a defense in the separation action, nor was any mention made of the divorce in that action. Special Term dismissed the instant action for a declaratory judgment on the ground that it was unnecessary holding that the judgment of separation was conclusive on the parties as to the existence of the marital relation between them and the invalidity of the Nevada decree of divorce. Judgment unanimously affirmed, without costs. ( Pray v. Hegeman, 98 N.Y. 351, 358; Reich v. Cochran, 151 N.Y. 122, 127; Fischer v. Fischer, 254 N.Y. 463, 466; Hollister v. Hollister, 288 N.Y. 528; Durham v. Durham, 99 App. Div. 450.)