Rosenbaum v. Rosenbaum

Defendant moves to dismiss the complaint which pleads two causes of action for divorce. The first cause is predicated upon allegations that for at least 10 years defendant has and still continues to maintain an adulterous relationship with another woman with whom he has been living, and the second cause charges defendant with departing from the home of the parties on or about March 17, 1954 without justification and with the intention of not returning.

Defendant seeks dismissal of the first cause of action pursuant to CPLR 3211 (subd. [a], par. 5) on the ground that said cause arose more than…