Legal Opinion

Oppenheim v. Kridel

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1923Published

1Opinion of the Court

Page, J.:

I am of the opinion that the plaintiff cannot maintain this action to recover damages for criminal conversation between the defendant and plaintiff’s husband. Upon the trial it was held that the complaint stated two causes of action, although not separately stated, one' for alienation of affection, and the other for criminal conversation.

The court dismissed the alleged cause of action for alienation of affection, because it appeared that the plaintiff and her husband had not lived together or cohabited as husband and wife for several years prior to the alleged act of adulterous…

2Cases cited24 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. De Brauwere v. . De BrauwereNew York Court of Appeals · 1911
  3. Bertles v. . NunanNew York Court of Appeals · 1883
  4. H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
  5. Bennett v. . BennettNew York Court of Appeals · 1889

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