Shoddy v. Shoddy

This is an annulment action based on fraud.

The parties were married on June 20, 1959 and separated sometime in September, 1960 and have continuously remained apart.

Although such separation had taken place some five years before, the instant action was not begun until the service of a summons on October 27, 1965.

The defendant appeared by an attorney but filed no answer and was in default in pleading at the time the plaintiff’s proof was presented.

The recited facts would seem to pose the critical question of whether or not the three-year Statute of Limitations contained in CPLR 214 (subd. 7)…