Zizzo v. Zizzo

Plaintiff (husband) and defendant were married on October 9, 1930. Almost six years later, and *929on May 11,1936, plaintiff was convicted of a crime and sentenced to death. The conviction was affirmed on appeal, but plaintiff’s death sentence was commuted to life imprisonment by the then Governor Herbert H. Lehman.

After serving 26 years of his life imprisonment, and on October 9, 1962, plaintiff was released on parole for the remainder of his natural life, for good behavior. Plaintiff then wanted to resume his marital relationship with his wife, who was still living and had not remarried, but…