Amendola v. Amendola

Appellate Division of the Supreme Court of New York

Amendola v. Amendola

141 A.D.2d 593, 529 N.Y.S.2d 992, 1988 N.Y. App. Div. LEXIS 6611

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 1988

StatusPublished

This text of 141 A.D.2d 593 (Amendola v. Amendola) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amendola v. Amendola, 141 A.D.2d 593, 529 N.Y.S.2d 992, 1988 N.Y. App. Div. LEXIS 6611 (N.Y. Ct. App. 1988).

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Opinion

In a matrimonial action, the defendant wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Putnam County (Dickinson, J.), dated July 10, 1987, as denied her motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The factual allegations in the verified complaint are sufficient to create a triable issue of fact as to whether the plaintiff’s cause of action for divorce has merit (CPLR 105 [t]; Bethlehem Steel Corp. v Solow, 51 NY2d 870; Indig v Finkelstein, 23 NY2d 728). Thompson, J. P., Brown, Weinstein and Rubin, JJ., concur.

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In a matrimonial action, the defendant wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Putnam County (Dickinson, J.), dated July 10, 1987, as denied her motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The factual allegations in the verified complaint are sufficient to create a triable issue of fact as to whether the plaintiff’s cause of action for divorce has merit (CPLR 105 [t]; Bethlehem Steel Corp. v Solow, 51 NY2d 870; Indig v Finkelstein, 23 NY2d 728). Thompson, J. P., Brown, Weinstein and Rubin, JJ., concur.

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Bluebook (online)

141 A.D.2d 593, 529 N.Y.S.2d 992, 1988 N.Y. App. Div. LEXIS 6611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendola-v-amendola-nyappdiv-1988.

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