Summary
In Meyers v. Meyers (268 App. Div. 1037, 52 N. Y. S. [2d] 945), the Appellate Division, First Department, stated, `relief must be obtained in the manner provided by that section' and cited Banca Nazionale Di Credito v. Equitable Trust Co. (221 App. Div. 555, 224 N. Y. S. 617).
Summary of this case from Matter of RobbinsOpinion
January 26, 1945.
Present — Martin, P.J., Townley, Glennon, Cohn and Callahan, JJ.
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. ( Banca Nazionale Di Credito v. Equitable Trust Co., 221 App. Div. 555.) Order unanimously affirmed, with twenty dollars costs and disbursements. Settle order on notice.