We find that the application to amend the complaint so as to plead the adulteries as an action for separation in place of an action for divorce should have been granted in the exercise of discretion. We note that the earlier decision of the Appellate Division, Third Department (282 App. Div. 1107), denying leave to discontinue included a suggestion that a nonsuit might be suffered, which would not bar an action for separation. Denial of discontinuance appears to have been...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.