de Oteris v. Mario

Plaintiff has joined two causes of action in a complaint, one for an absolute divorce and.the other to set aside a separation agreement. Defendant asserts that an action for divorce may not be joined with one to set aside a separation agreement, but this contention in my opinion is untenable. There is precedent for the joinder of an action for separation and one to set aside a separation agreement (Dolan v. Dolan, 259 App. Div. 1115), as well as the joinder of an action for annulment with one for a separation. (Prosswimmer v. Prosswimmer, 182 Misc. 807.) Moreover, inconsistent causes of…