Batchelor v. Batchelor

Before plaintiff was entitled to a judgment of separation upon the ground that defendant had failed to support her while they were living separate and apart by mutual consent, it was necessary for her to establish that she offered in good faith to return to her husband and resume the marital status. Lack óf that proof required a dismissal of her second cause of action. (Solomon v. Solomon, 290 N. Y. 337. 340-341; cf. Mirizio v. Mirizio, 242 N. Y. 74, 82.) Accordingly it was error to direct judgment of separation in favor of plaintiff and against the- defendant. Insofar as the judgment directs…