The defendant appeals from the judgment declaring that she is plaintiff's lawful wife and the marriage of the parties has never been dissolved, and that decree procured by defendant in Dade county, Fla., is invalid in the State of New York. The plaintiff appeals from so much of said judgment as is included in the words "in the State of New York" at the end thereof.
PER CURIAM.
A review of the testimony of this case leads to the conclusion that there was no necessity for a declaratory judgment. We think that in the exercise of the court's discretion a declaratory judgment should have been refused. ( James v. Alderton Dock Yards, 256 N.Y. 298, 305; Somberg v. Somberg, 263 id. 1; Kennedy v. Doyle, 229 App. Div. 756.) On the appeal by defendant, the judgment accordingly should be reversed and the complaint dismissed. In view of this disposition, the cross-appeal by plaintiff should be dismissed.
PER CURIAM.
Judgment unanimously reversed and the complaint dismissed. Cross-appeal by the plaintiff dismissed. Settle order on notice, reversing findings inconsistent with this determination, and containing such new findings of fact proved upon the trial as are necessary to sustain the judgment hereby awarded.