Tausik v. Tausik

The refusal of our courts to entertain summary proceedings against a refractory spouse, trespasser though she may be (see cases cited in dissenting opinion; 1951 Report of N. Y. Law Rev. Comm., p. 65), was one of the reasons which led the Legislature to add subdivision 8 to section 1411 of the Civil Practice Act, affording to the 11 spouse with the legal right to possession” the simple and speedy relief of summary proceedings where “ the husband and wife separate ” (1951 Report of N. Y. Law Rev, Comm., p. 65). The availability of the remedy provided by subdivision 8 is not limited to a case…