Rizzi v. Rizzi

*677Defendant’s time to answer is extended to ten days after the entry of the order hereon if plaintiff does not serve an amended complaint. The parties were living separate and apart by mutual consent prior to June 4, 1951. In our opinion, the second cause of action for nonsupport during the period while they were living apart is insufficient in the absence of (1) facts showing that defendant’s payment to plaintiff of $300 a month was inadequate (Berg v. Berg, 289 N. Y. 513; 3 Nelson on Divorce and Annulment [2d ed.], § 32.25, pp. 394 — 395); (2) allegations that plaintiff did not violate the…