Yoli v. Yoli

In this action for separation commenced prior to September 1, 1967, plaintiff moves for leave to add a prayer for judgment of absolute divorce pursuant to subdivision (1) of section 170 of the Domestic Relations Law. The proposed amendment would rest upon the same factual allegations presently supporting one of the causes of action for separation — the cruel and inhuman treatment of plaintiff by defendant. All of the acts of alleged mistreatment took place prior to September 1, 1967.

*417The prime question to be resolved here is, of course, whether the benefits conferred by the amended divorce…