Figueroa v. Figueroa

The plaintiff wife, in an undefended suit for separation, has requested the signing of a decree in her favor though the defendant husband died some two months following trial.

A matrimonial action usually abates upon the death of one of the parties (Hoff v. Dugan, 266 App. Div. 790; White v. White, 224 App. Div. 355; Matter of Huber, 136 Misc. 634; Morey v. Morey, 164 Misc. 527) but this rule has been subject to exceptions (Kirkbride v. Van Note, 275 N. Y. 244; Byrne v. Byrne, 201 Misc. 913).

In a recent case (Cornell v. Cornell, 7 N Y 2d 164), the court appears to have qualified the general…