Garelick v. Garelick

In this action for divorce for alleged adultery, plaintiff husband moves to amend his complaint to add two causes of action under subdivisions (1) and (5) of section 170 of the Domestic Relations Law. Defendant cross-moves to dismiss for lack of prosecution.

The action was commenced by service of a summons and complaint on January 15, 1963 for alleged adultery by defendant on December 14,1962. The matter has never been noticed for trial. There is no allegation or proof to show that defendant has served a 45-day written demand as a prerequisite to this application in conformity with CPLR 3216.…