Wolfson v. Wolfson

In this action for a judicial separation commenced by the service of a summons without a complaint, in accordance with the new statute (Domestic Relations Law, § 211), plaintiff wife seeks alimony, counsel fees and custody of the three-year-old child of the marriage. The moving papers are replete with detailed allegations of the husband’s cruelties and refusal to enter into sex relations, which plaintiff characterizes as ‘ ‘ constructive abandonment ’ ’.

The reason section 211 interdicts the service of a complaint with the summons is to eliminate the itemization of rancorous charges and…