Stern v. Stern

By this application, one of two defendants named in an action for absolute divorce seeks an order under CPLR 1003 striking his name as a defendant in the action and amending the summons and complaint and all other proceedings by deleting his name from the title of the action.

The moving defendant was served with a summons and notice, in an action whose objective was an absolute divorce based on charges of abandonment and adultery. It is plaintiff’s claim that movant was named as a corespondent, and that it is contemplated that he will be charged in the forthcoming complaint with an adulterous…