Marino v. Marino

Appellate Division of the Supreme Court of New York

Marino v. Marino

135 A.D.2d 617, 522 N.Y.S.2d 466, 1987 N.Y. App. Div. LEXIS 52553

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

DecidedDecember 14, 1987

StatusPublished

This text of 135 A.D.2d 617 (Marino v. Marino) 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

Marino v. Marino, 135 A.D.2d 617, 522 N.Y.S.2d 466, 1987 N.Y. App. Div. LEXIS 52553 (N.Y. Ct. App. 1987).

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Opinion

— In an action for a divorce and ancillary relief, the defendant wife appeals from an order of the Supreme Court, Suffolk County (Willen, J.), dated May 29, 1987, which denied her motion to compel the plaintiff husband to serve an amended and more specific complaint.

Ordered that the appellant’s notice of appeal is treated as an application for leave to appeal, that application is referred to Presiding Justice Mollen, and leave to appeal is granted by Presiding Justice Mollen; and it is further,

Ordered that the order is reversed, with costs, and the motion to compel service of an amended and more specific complaint is granted, and the plaintiffs time to serve an amended and more specific complaint is extended until 20 days after service upon him of a copy of this decision and order, with notice of entry.

The generalized allegations of the complaint fail to satisfy the pleading requirements of CPLR 3016 (c). Mollen, P. J., Bracken, Rubin, Kooper and Spatt, JJ., concur.

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— In an action for a divorce and ancillary relief, the defendant wife appeals from an order of the Supreme Court, Suffolk County (Willen, J.), dated May 29, 1987, which denied her motion to compel the plaintiff husband to serve an amended and more specific complaint.

Ordered that the appellant’s notice of appeal is treated as an application for leave to appeal, that application is referred to Presiding Justice Mollen, and leave to appeal is granted by Presiding Justice Mollen; and it is further,

Ordered that the order is reversed, with costs, and the motion to compel service of an amended and more specific complaint is granted, and the plaintiffs time to serve an amended and more specific complaint is extended until 20 days after service upon him of a copy of this decision and order, with notice of entry.

The generalized allegations of the complaint fail to satisfy the pleading requirements of CPLR 3016 (c). Mollen, P. J., Bracken, Rubin, Kooper and Spatt, JJ., concur.

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Bluebook (online)

135 A.D.2d 617, 522 N.Y.S.2d 466, 1987 N.Y. App. Div. LEXIS 52553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marino-v-marino-nyappdiv-1987.