CALECA v. FRIEDMAN


122 Misc.2d 74 (1983)

Johanna E. Caleca, Also Known as Johanna Friedman, Plaintiff, v. Jon G. Friedman, Defendant.

Supreme Court, Special Term, Suffolk County.

December 14, 1983


Attorney(s) appearing for the Case

Frank Bronchick for defendant. Arnold B. Firestone for plaintiff.


ALFRED M. LAMA, J.

The novel question before this court is: where an action for divorce has been commenced by service of a summons with notice, and the basis for the action for divorce as set forth in the summons is cruel and inhuman treatment, may subsequent service of the complaint some five months later include allegations of cruel and inhuman treatment which postdate the date of the summons? The court answers this question in the affirmative.

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