Fishman v. Fishman

Memorandum. The commencement of this action fully satisfied the requirements of subdivision a of section 232 of the Domestic Relations Law regarding service of a summons in a matrimonial action for a separation. Admittedly, the trial court could not properly award the plaintiff wife a divorce where the notice indorsed on the summons stated that the relief sought was "[a] judgment of separation in favor of the plaintiff, separating the parties from bed and board, and for alimony, child support and counsel fees.” Nevertheless, the court was empowered, in its discretion, to amend the judgment,…