Is there any case law in which the corporation counsel has been able to argue that a counterclaim for divorce against the wife is not a test for the purposes of determining whether to proceed with a motion for divorce?
"New York", United States of America
The following excerpt is from Lewis v. Lewis, 288 N.Y.S.2d 1, 55 Misc.2d 1092 (N.Y. City Ct. 1967):
The case of Blois v. Blois, Fla.App., 138 So.2d 373, also cited by the corporation counsel, concerned itself solely with the question of a counterclaim for divorce which has no application to the question presented here.
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