Calega v. Friedman

OPINION OF THE COURT

Alfred M. Lama, J.

The novel question before this court is: where an action for divorce has been commenced by service of a summons with notice, and the basis for the action for divorce as set forth in the summons is cruel and inhuman treatment, may subsequent service of the complaint some five months later include allegations of cruel and inhuman treatment which postdate the date of the summons? The court answers this question in the affirmative.

The parties have been married for approximately 18 months. On or about April 26, 1983, plaintiff commenced this action for divorce…