Legal Opinion

Carollo v. Carollo

New York Supreme Court

Decided May 14, 1968PublishedCited by 1 opinion

1Opinion of the CourtLouis B. Heller, J.

In this action for divorce because of the alleged abandonment of plaintiff wife by her husband, defendant moves to dismiss the complaint for insufficiency pursuant to CPLR 3211 (subd. [a], par. 7). The action is based upon a newly added cause for divorce under subdivision (2) of section 170 of the Domestic Relations Law: “ The abandonment of the plaintiff by the defendant for a period of two or more years.”

In an action heretofore instituted by the wife on September 22, 1965 in Supreme Court, Kings County, a judgment was entered on March 14, 1966 which provided in part: ‘ ‘ ordered, adjudged…

2Cases cited11 opinions

  1. People Ex Rel. Commissioners of Public Charities & Correction v. CullenNew York Court of Appeals · 1897
  2. Weld v. WeldSupreme Court of Minnesota · 1880
  3. Kunze v. KunzeSupreme Court of Minnesota · 1922
  4. Murdock v. MurdockAppellate Division of the Supreme Court of the State of New York · 1911
  5. Yoli v. YoliNew York Supreme Court · 1967

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3Cited by1 opinion

  1. Cavallo v. CavalloNew York Supreme Court · 1974

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