Weiss v. Weiss

Section 1168 of the Civil Practice Act permits the defendant in a separation action to counterclaim for divorce. (See Rolle v. Rolle, 201 App. Div. 698.) The fact that the adultery relied on did not occur until after the commencement of the action should not alter the situation and make it necessary for the defendant to commence a separate action. In Otto v. Otto (220 App. Div. 130) a plaintiff was permitted to ■ serve a *265supplemental complaint setting up acts of adultery on the part of the defendant which occurred after the origina) complaint was served, the court saying (at p. 132): “No good…