Gellman v. Gellman

Order unanimously affirmed, with costs. Memorandum: The issue presented on this appeal is whether plaintiff should be granted leave to amend her complaint to demand a judgment of separation in lieu of its demand for a judgment of divorce. Special Term denied her motion for such relief (CPLR 3025, subd [b]), and we affirm. Plaintiff commenced this action for divorce in February, 1979. Issue was joined by a pleading in which defendant also counterclaimed for divorce. Although a preference was granted in January, 1980, protracted discovery proceedings delayed commencement of the trial. Section…