← Cases

Meyers v. Meyers

268 A.D. 1037 Court N.Y. App. Div. Decision date 1945-01-26 English

Contents

Majority

p. 1037
Natalie L. Meyers, Respondent, v. Perry H. Meyers, Appellant.

While we are of the opinion that section 322 of the Civil Practice Act should certainly not be applied to allegations of adultery in matrimonial actions, relief must be obtained in the manner provided by that section. (Banco Nazionale Bi Crédito v. Equitable Trust Co., 221 App. Div. 555 .) Order unanimously affirmed, with twenty dollars costs and disbursements. Settle order on notice. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.