Sovik v. Sovik

Appellate Division of the Supreme Court of New York

Sovik v. Sovik

282 A.D. 794, 122 N.Y.S.2d 928, 1953 N.Y. App. Div. LEXIS 4975

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 2, 1953

StatusPublished

Cited by3 cases

This text of 282 A.D. 794 (Sovik v. Sovik) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sovik v. Sovik, 282 A.D. 794, 122 N.Y.S.2d 928, 1953 N.Y. App. Div. LEXIS 4975 (N.Y. Ct. App. 1953).

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Opinion

Appeal from an order of the Supreme Court, Special Term, which denied plaintiff’s motion to serve a supplemental complaint in a divorce action. The proposed supplemental complaint sets forth acts of adultery which are said to have occurred after the commencement of the action. We think the Special Term improvidently exercised its discretion in denying the application. The possible avoidance of two actions and the ends of justice will be better served by the granting of the application. Order reversed, on the law and facts, and in the exercise of discretion, without costs, and motion granted. The supplemental complaint should be served within [795]*795ten days after the entry of an order herein and the defendant may have twenty days in which to answer the same. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Appeal from an order of the Supreme Court, Special Term, which denied plaintiff’s motion to serve a supplemental complaint in a divorce action. The proposed supplemental complaint sets forth acts of adultery which are said to have occurred after the commencement of the action. We think the Special Term improvidently exercised its discretion in denying the application. The possible avoidance of two actions and the ends of justice will be better served by the granting of the application. Order reversed, on the law and facts, and in the exercise of discretion, without costs, and motion granted. The supplemental complaint should be served within [795]*795ten days after the entry of an order herein and the defendant may have twenty days in which to answer the same. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Bluebook (online)

282 A.D. 794, 122 N.Y.S.2d 928, 1953 N.Y. App. Div. LEXIS 4975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sovik-v-sovik-nyappdiv-1953.

Opinion

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