Rosenzweig v. Rosenzweig

This action was brought by the plaintiff against the defendant for an absolute divorce upon the ground of adultery. The defendant defaulted in pleading and appearing. The court dismissed the complaint, holding as a matter of law that the parties were guilty of collusion.

The record contains evidence of the commission of adultery by the defendant in the city of New York in the month of June, 1927. Plaintiff’s claim is that she had no knowledge of this offense at the time. Some two years thereafter the plaintiff instituted a suit for separation, in the meantime ignorant of the defendant’s…