Rubin v. Rubin

Plaintiff appeals from a Special Term judgment dismissing his complaint in an action for divorce brought pursuant to subdivision 5 of section 170 of the Domestic Relations Law wherein he alleges that a decree of separation was rendered in Supreme Court on January 27,1958 in favor of defendant herein, that the parties have since lived apart and that he has performed all the terms and conditions thereof. In a decision rendered prior to Gleason v. Gleason (26 N Y 2d 28) Special Term dismissed the complaint, holding that subdivision (5) of section 170 was not to be applied retroactively and that…