Mayott v. Mayott

New York Supreme Court

Mayott v. Mayott

167 Misc. 860, 4 N.Y.S.2d 57, 1938 N.Y. Misc. LEXIS 1541

DecidedApril 21, 1938

StatusPublished

This text of 167 Misc. 860 (Mayott v. Mayott) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mayott v. Mayott, 167 Misc. 860, 4 N.Y.S.2d 57, 1938 N.Y. Misc. LEXIS 1541 (N.Y. Super. Ct. 1938).

Pincite

Opinion

Wenzel, J.

This is an application by the plaintiff for an order permitting him to serve a supplemental or amended complaint. The original cause of action is for a separation and alleges adultery as one of the grounds for separation. Plaintiff now seeks to amend his complaint by changing this cause of action to one for divorce. This court is of the opinion that action for absolute divorce may not be substituted for the action for separation. These causes of action have no relation to each other and proceed under entirely different divisions of the statute law. In the interests of justice and in the exercise of discretion, this court will, however, permit the plaintiff to discontinue, without costs, and such an order may be submitted hereon.

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Wenzel, J.

This is an application by the plaintiff for an order permitting him to serve a supplemental or amended complaint. The original cause of action is for a separation and alleges adultery as one of the grounds for separation. Plaintiff now seeks to amend his complaint by changing this cause of action to one for divorce. This court is of the opinion that action for absolute divorce may not be substituted for the action for separation. These causes of action have no relation to each other and proceed under entirely different divisions of the statute law. In the interests of justice and in the exercise of discretion, this court will, however, permit the plaintiff to discontinue, without costs, and such an order may be submitted hereon.

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Bluebook (online)

167 Misc. 860, 4 N.Y.S.2d 57, 1938 N.Y. Misc. LEXIS 1541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayott-v-mayott-nysupct-1938.