Section 172 of the Domestic Relations Law still permits a plaintiff to list a "co-respondent" - the alleged partner in an adultery action - and serve them with the adultery pleading, although they do not become a party to the action. Fico v Fico, 4 Misc 2d 190 (Sup. Ct. 1956) (a co-respondent in a divorce action is not a party to an action). See also Van Patten v. Van Patten, 79 Misc 2d 613 (Sup. Ct. Saratoga Cty. 1974) (active participating wrongdoer sought status as a co-respondent and he should be entitled to "defend such action so far as the issues affect him").

Section 172 of the Domestic Relations Law still permits a plaintiff to list a "co-respondent"—the alleged partner in an adultery action—and serve them with the adultery pleading, although they do not become a party to the action. Fico v. Fico, 4 Misc.2d 190 (Sup.Ct.1956) (a co-respondent in a divorce action is not a party to an action).See also Van Patten v. Van Patten, 79 Misc.2d 613 (Sup.Ct. Saratoga Cty.1974) (active participating wrongdoer sought status as a co-respondent and he should be entitled to "defend such action so far as the issues affect him").