Ullo v. Ullo

OPINION OF THE COURT

Eli Wager, J.

The phenomenon of “reverse summary judgment,” in which a moving defendant asks the court to impose judgment against the movant and in favor of a reluctant plaintiff, is a strategy which has surfaced recently in matrimonial actions. Should this court sanction this “unnatural act” in a fault (abandonment) divorce action and, at the request of and for the benefit of the “guilty” defendant, award an unwanted judgment to the “victim” plaintiff? Is a noncounterclaiming defendant entitled to take control of the prosecution of such an action and determine the course…