Chiarello v. Chiarello

Appeal from a judgment of the Supreme Court, entered September 15, 1975 in Albany County, upon a decision of the court at a Trial Term without a jury. On September 8, 1972, plaintiff commenced this action by service of a summons captioned "Action for Divorce” with a notice setting forth the grounds therefor as being adultery and cruel and inhuman treatment. In the subsequent complaint, however, facts were alleged Mise to support only the ground of cruel and inhuman treatment while a second cause of action was also alleged for an annulment on the ground of fraud. For her part, defendant…