CONSODINE, J.C.C. (temporarily assigned).
A motion made prior to trial to strike a counterclaim in separation to a complaint on the same ground was renewed at trial. The import of the motion was that since defendant had admitted the allegations of the complaint, she was thus disentitled to participate in a dual divorce under N.J.S.A. 2A:34-7.
Plaintiff argues that the pertinent provision of the statute is surplusage because N.J.S.A. 2A:34-23...
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