Summary
In Coyne v. Coyne (297 N.Y. 927, supra), plaintiff's argument that the limitation should properly be computed from the latest act of adultery resulting from the continued cohabitation between the errant spouse and another woman was rejected by both the Appellate Division and the Court of Appeals. The Joint Legislative Report discloses that the purpose of the new provision was to avoid this inequitable result with respect to the abandonment and the final bill, as enacted, adopted the proposal without change.
Summary of this case from Smith v. SmithOpinion
Submitted March 19, 1948
Decided April 22, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, COLDEN, J.
Morrell Schwimer for appellant.
Murray Stockman for respondent.
Judgment affirmed, without costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.