Weissberger v. Weissberger

Before considering the motion to punish for contempt, plaintiff’s cross-motion for leave to discontinue the action will be determined.

Plaintiff sued the defendant for divorce charging her with adultery. A trial of framed issues was had and she was acquitted of marital duplicity. Thereafter nothing was done by either party. No return was made to Special Term, Part III, and the entry of judgment was left in abeyance. Whether disappointment or ignorance of the law caused his inactivity, the fact remains that the plaintiff allowed the action to remain alive. The defendant, apparently considering…