KNIGHT v. KNIGHT


193 A.D.2d 416 (1993)

597 N.Y.S.2d 317

John Knight, Sr., Respondent, v. Minnie Knight, Appellant

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

May 6, 1993


Rather than contend for the sufficiency of the two causes of action for divorce originally alleged in the complaint, plaintiff, in opposition to defendant's motion to dismiss, sought leave to amend to assert a cause of action for separation. We find no indication that the plaintiff sought leave to amend in bad faith. Whether or not plaintiff consented to a marriage without sexual relations, so as to preclude maintenance of this action (see, Hammer v Hammer,...

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