Iatauro v. Iatauro

This is a motion for summary judgment by defendant wife in an action brought by the husband declaring the Alabama divorce of the parties to be null and void.

Plaintiff’s action is predicated upon the following facts as alleged in his moving papers:

The parties hereto were married on January 16, 1959. Sometime in September of 1962 defendant went to the State of Alabama and commenced an action for divorce on the ground that plaintiff herein had voluntarily abandoned defendant for more than one year preceding the filing of her bill of complaint. That at the time of the institution of the action…