Summary
In Gunsberg v. Gunsberg (200 App. Div. 870), decided upon the authority of Boller v. Boller, the original record on appeal discloses that the corespondent sought leave to come in and defend against an allegation contained in a counterclaim set up in the defendant's answer charging him with committing adultery with the plaintiff.
Summary of this case from Tellegen v. TellegenOpinion
January, 1922.
Order affirmed, with ten dollars costs and disbursements. We think the conduct of the corespondent is such as to constitute a waiver of any rights given him by section 1757 of the Code of Civil Procedure, and, therefore, we follow the decision of the First Department in Boller v. Boller ( 111 App. Div. 240.) Blackmar, P.J., Rich, Kelly, Jaycox and Manning, JJ., concur.