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.
Meyers v. Meyers
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1945-01-26
Citations: 268 A.D. 1037, 52 N.Y.S.2d 945, 1945 N.Y. App. Div. LEXIS 5384
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