Defense to Adultery- Is a Menage-a-trois a defense?
In a recent decision by Justice Gesmer in Bronx Supreme Court, the Plaintiff was granted a protective order and did not have to answer the notice to admit to a menage a trois. Sometimes, you cannot make this stuf up....
Plaintiff sued for divorce on the grounds of Adultery by the defendant, because the defendant had sex with Ms. G on numerous occassions. The defendant, husband argued that he is excused from adultery because his wife voluntarily had sex with Ms. G a few years back in a menage a trois. The Court granted a protecive order as to the Notice to Admit on the grounds that the issues as to which admissions are sought are at the heart of the law suit. There is nothing like the divorce laws in New York.
