Van Vort v. Van Vort

Plaintiff husband has brought an action for divorce on the ground that a decree of separation was made and entered in favor of defendant wife in the Supreme Court, Queens County, on April 4, 1962, and alleges compliance with the requirements set forth in subdivision (5) of section 170 of the Domestic Relations Law.

The defendant in her answer denies substantial performance with the provisions of said decree and sets forth as a first affirmative defense that plaintiff has not substantially performed; as a second affirmative defense, that subdivision (5) of section 170 of the Domestic Relations…