Fitzpatrick v. Fitzpatrick

John H. Galloway, Jr., J.

This motion by plaintiff, denominated one to “amend” her complaint, presents an issue of virtual first impression in this court under the new divorce law (L. 1966, ch. 254, amdg. Domestic Relations Law, § 170) which became effective September 1, 1967 (cf. Saunders v. Saunders, 54 Misc 2d 1081). The action was originally brought for a judicial separation on allegations of cruel and inhuman treatment and of conduct rendering it unsafe and improper for the plaintiff to cohabit with the defendant. Under the new law one of the grounds for divorce is the following: “The…