Coyne v. Coyne

This is ah action for an absolute divorce. The plaintiff has established by a preponderance of the credible evidence, the commission of adultery by the defendant during the month of June, 1942, and all of the other usual essential elements of her cause" of action, and is entitled to a decree in her favor unless the defense interposed by the defendant is a bar..The defendant alleges, for an affirmative, separate and complete defense, pursuant to subdivision 3 of section 1153 of the Civil Practice Act, that the acts of adultery occurred more than five years prior to the commencement of this…