Roth v. Roth

This appears to be the first recorded case in New York in which a suing husband is denied a divorce decree on the grounds that he has not ‘ ‘ substantially performed all the terms and conditions ” of a separation decree of requisite age.

It comes about in an action for divorce brought by Norman B. Both where his wife, Frances M. Both, moves pursuant to subdivision (d) of CPLB 3212 for summary judgment dismissing the complaint.

The only ground for divorce claimed by the husband is that he and his wife were separated and have lived apart under a judgment of separation entered on August 28, 1971…