Ziegler v. Ziegler

The amended complaint adds three causes of action for separation to the single cause of action for divorce stated in the original complaint, served with the summons indorsed ‘ ‘ Action for Absolute Divorce. ’ ’ The defendant moves before answer to sever the three new causes of action as inconsistent with the original cause of action. Joinder of a cause of action to set aside a separation agreement with one for a divorce has been permitted (de Oteris v. Mario, 185 Misc. 1029), as has the joinder of a cause of action for annulment with one for a separation (Prosswimmer v. Prosswimmer, 182 Misc.…