Zizzi v. Zizzi

Defendant moves to dismiss the complaint in this divorce action on the grounds that there is an action pending for divorce between these same parties and that the cause of action in the instant complaint based on abandonment has previously been litigated. The parties have lived separate and a/part since September, 1962.

In 1964 plaintiff commenced an action for separation based on cruel and inhuman treatment. The complaint was dismissed at the close of the trial and the court made a finding that plaintiff had in fact abandoned defendant. In 1967 plaintiff commenced an action for divorce…