Kaplan v. Kaplan

The provisions of article 69 of the Civil Practice Act, entitled “ Action for a separation,” neither expressly nor inferentially preclude the maintenance of an action for separation by the duly authorized representative of an incompetent person. The situation is different from that in the case of an action for annulment sought to be brought by a sane spouse against an insane one under article 67 of the Civil Practice Act. In Hoadley v. Hoadley (244 N. Y. 424) it was held that, because the right to begin an action for annulment was expressly limited by statute to certain persons, and the…