207 A.D. 217 | N.Y. App. Div. | 1923
Plaintiff moved to strike out a counterclaim interposed by the defendant, who is his wife, and whom he is suing for divorce on the ground of adultery. The counterclaim demands a judicial separation alleging cruel and inhuman treatment. The defendant
The order should be reversed and the motion to strike out the counterclaim granted.
Clarke, P. J., Dowling, Smith and Merrell, JJ., concur.
Order reversed and motion granted.