Fuchs v. Fuchs

OPINION OF THE COURT

Roger J. Miner, J.

Defendant moves for summary judgment dismissing the complaint on the ground that plaintiff is civilly dead. Although the court has not been favored with a copy of the complaint, it appears that plaintiff seeks a judgment of divorce in this action. A copy of the answer reveals that defendant counterclaims for divorce, custody of the children of the marriage, support for herself and her children and for the establishment of a constructive trust respecting jointly owned real property.

By judgment of the Supreme Court, Bronx County, on March 22, 1979,…