Gleason v. Gleason

Eager, J. P.

There is presented on these appeals the common question of law whether subdivision (5) of section 170 of the Domestic Relations Law should be applied retroactively to authorize a divorce on the basis of a living apart of the parties pursuant to the terms of a judgment of separation rendered prior to the effective date of the Divorce Reform Law.

*403In Gleason, the parties, married in 1936, entered into an agreement of separation on June 16, 1954, and, thereafter, on June 22, 1954, a judgment of separation was rendered and entered in favor of the wife and against the husband on the…