Herzog v. Herzog

The plaintiff has, by the service of a summons and complaint, commenced an action for separation. Subsequent to the joinder of issue, the plaintiff alleges she discovered evidence of adultery upon the part of the defendant and moves for permission to serve a supplemental complaint in which there will be added a second cause of action for divorce. The defendant resists this application upon the ground that jurisdiction over the defendant in an action for divorce may not be obtained by means of a supplemental complaint.

In Homer v. Homer (282 App. Div. 699), plaintiff who had commenced an action…