Shapiro v. Shapiro

Defendant wife moves to dismiss this action for divorce brought by plaintiff husband pursuant to subdivision (5) of section 170 of the Domestic Relations Law which, in its present form, provides that an action for divorce may be maintained by a husband or wife on the ground that ‘1 the husband and wife have lived apart pursuant to a decree or judgment of separation for a period of two years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or…