Matthews v. Matthews

In an action for a separation the defendant interposed an answer setting forth counterclaims for absolute divorce and a declaration that he is the true and lawful owner of certain real property. The plaintiff now moves for an order dismissing the counterclaim involving the real property, on the ground that the court has no jurisdiction to entertain such a counterclaim in a matrimonial action.

This may have been true prior to September 1, 1948, the effective date of chapter 282 of the Laws of 1948, which repealed section 1168 of the Civil Practice Act and thus eliminated the special restrictive…