CHIARELLO v. CHIARELLO


51 A.D.2d 1089 (1976)

Arthur B. Chiarello, Appellant, v. Charlotte D. Chiarello, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 18, 1976


On September 8, 1972, plaintiff commenced this action by service of a summons captioned "Action for Divorce" with a notice setting forth the grounds therefor as being adultery and cruel and inhuman treatment. In the subsequent complaint, however, facts were alleged to support only the ground of cruel and inhuman treatment while a second cause of action was also alleged for an annulment on the ground of fraud. For her part, defendant counterclaimed for divorce on the grounds...

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