Addison Phelps v. Mae Phelps

Order modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Two days prior to the effective date of the Equitable Distribution Law (Domestic Relations Law, § 236), Addison Phelps commenced an action for divorce by service of a summons on his wife, Mae Phelps. On July 19, 1980, the effective date of the amendment to section 236 of the Domestic Relations Law, Mae Phelps commenced an action for divorce by service of a summons on her husband, Addison Phelps. Complaints were demanded and promptly served. Both complaints allege cruel and inhuman treatment. In his complaint Addison Phelps requests [84 A.D.2d 911 Page 912]