Backus v. Backus

OPINION OF THE COURT

Allan L. Winick, J.

The court declines to sign this judgment of divorce.

Plaintiff obtained a judgment of separation based upon cruel and inhuman treatment (Domestic Relations Law § 200 [1]) and judgment was entered on August 11, 1987. Plaintiff now moves for judgment of divorce based on the same allegations of cruel and inhuman treatment (Domestic Relations Law § 170 [1]). In support of her contention plaintiff cites McKean v *1043McKean (100 AD2d 537). In that case, the pendency of the separation action did not preclude the divorce action. The court went even further to state…