Gressman v. Gressman
New York Supreme Court
Action by Julius Gressman against Mary C. Gressman, in which defendant filed a counterclaim. On plaintiff’s motion to discontinue the action. Motion denied.
1Opinion of the CourtWheeler, J.
This action was brought for an absolute divorce on statutory grounds. The defendant appeared and answered, denying the charges of infidelity, and by way of counterclaim alleged abandonment and cruel and inhuman treatment by the plaintiff, and demanded affirmative relief by a decree for a judicial separation.
The plaintiff now moves for permission to discontinue the action, which the defendant opposes. We think the motion must be denied.
[1] While in most cases the plaintiff may discontinue, almost as a matter of right, on the payment of costs (Petition of Butler, 101 N. Y. 307, 4 N. E. 518),…
2Cases cited4 opinions
- Winans v. . WinansNew York Court of Appeals · 1891
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Kruger v. PersonsAppellate Division of the Supreme Court of the State of New York · 1900
- Jermyn v. SearingAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Palmedo v. Walton Reporter Co.New York Supreme Court · 1918
- Levey v. LeveyNew York Supreme Court · 1914