Taplinger v. Taplinger

Plaintiff husband cross-moves to amend his complaint in a separation action so as to demand judgment for absolute divorce, pursuant to the recently amended section 170 of the Domestic Relations Law. The proposed amended complaint contains the same factual allegations which presently exist in support of his demand for separation, or, in the alternative, for a judicial separation.

*104He further asks that defendant’s present answer be deemed to respond to such amended complaint, if the motion be granted, so as to dispense with the necessity for the interposition of a new answer.

The record discloses…