N.Y. Domestic Relations Law § 171: When divorce denied, although adultery proved

§ 171. When divorce denied, although adultery proved. In either of the

following cases, the plaintiff is not entitled to a divorce, although

the adultery is established:

1. Where the offense was committed by the procurement or with the

connivance of the plaintiff.

2. Where the offense charged has been forgiven by the plaintiff. The

forgiveness may be proven, either affirmatively, or by the voluntary

cohabitation of the parties with the knowledge of the fact.

3. Where there has been no express forgiveness, and no voluntary

cohabitation of the parties, but the action was not commenced within

five years after the discovery by the plaintiff of the offense charged.

4. Where the plaintiff has also been guilty of adultery under such

circumstances that the defendant would have been entitled, if innocent,

to a divorce.