Legal Opinion

Volkell v. Volkell

Appellate Division of the Supreme Court of the State of New York

Decided June 25, 1984Published

1Opinion of the Court

— In an action for divorce, the plaintiff wife appeals from an order of the Supreme Court, Queens County (Beerman, J.), dated December 29,1983, which denied her motion to strike the defendant husband’s second affirmative defense, i.e., condonation. 11 Order reversed, on the law, with costs, and plaintiff’s motion to strike the defendant’s second affirmative defense granted. 11A careful review *890of the complaint indicates that it alleges only one ground for divorce, i.e., that defendant was guilty of cruel and inhuman treatment toward plaintiff based on, inter alia, admissions by defendant to…

2Cases cited3 opinions

  1. Pajak v. PajakNew York Court of Appeals · 1982
  2. Fritz v. FritzAppellate Division of the Supreme Court of the State of New York · 1982
  3. Ash v. AshAppellate Division of the Supreme Court of the State of New York · 1976

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