Magowan v. Magowan

Edgar J. Nathan, Jr., J.

Motion by plaintiff in a matrimonial action to compel acceptance of an unverified reply is granted (Civ. Prac. Act, § 248). The answer asserts in an affirmative defense and a counterclaim the invalidity of plaintiff’s foreign divorce from her prior husband.

Testimony by plaintiff with respect to the allegations of the answer might reasonably be claimed by her to be privileged as possibly furnishing the means of convicting her of adultery in this State (Penal Law, art. 8). Accordingly she should not be required to verify her reply, irrespective of the contents thereof.…