Pergolizzi v. Pergolizzi

Plaintiff wife seeks a divorce predicated on subdivision (3) of section 170 of the Domestic Relations Law, to wit, that defendant husband has been confined in prison for a period of three or more consecutive years after their marriage.

The parties were married in Brooklyn, New York on November 30, 1957. There are two daughters of the marriage, 10 and 7 years of age. The complaint herein contained two causes of action; the first based on cruel and inhuman treatment was discontinued at the trial, and the plaintiff proceeded solely on the ground of three years ’ imprisonment.

Defendant is…