Bloom v. Bloom

Order unanimously affirmed, without costs. Memorandum: Defendant wife appeals *1031from an order which struck her affirmative defense of adultery in this divorce action based upon cruel and inhuman treatment, denied her motion to dismiss the complaint because plaintiff husband refused to answer certain questions during an examination before trial about his relationship with another woman, and ordered the case to trial. Under the present divorce statute there is no recriminatory defense in a divorce action based upon cruel and inhuman treatment (see Mante v Mante, 34 AD2d 134), and the court…