Stevens v. Stevens

Appellate Division of the Supreme Court of New York

Stevens v. Stevens

92 A.D.2d 568, 459 N.Y.S.2d 726, 1983 N.Y. App. Div. LEXIS 16799

Appellate Division of the Supreme Court of the State of New York·Decided February 14, 1983·Published·Cited by 1 cases

Opinion

In a matrimonial action, defendant wife appeals from an order of the Supreme Court, Nassau County (Kelly, J.), entered September 16, 1982, which denied her motion to dismiss plaintiff husband’s complaint for failure to state a cause of action. Order reversed, on the law, without costs or disbursements, and defendant’s motion granted with leave to replead in conformity with the requirements of CPLR 3016 (subd [c]). Plaintiff’s complaint, which sought a divorce premised upon cruel and inhuman treatment, is insufficient and vague in light of the specific pleading requirement of CPLR 3016 (subd [c]) (Frank v Frank, 82 AD2d 908). Mangano, J. P., Gulotta, Bracken and Niehoff, JJ., concur.

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In a matrimonial action, defendant wife appeals from an order of the Supreme Court, Nassau County (Kelly, J.), entered September 16, 1982, which denied her motion to dismiss plaintiff husband’s complaint for failure to state a cause of action. Order reversed, on the law, without costs or disbursements, and defendant’s motion granted with leave to replead in conformity with the requirements of CPLR 3016 (subd [c]). Plaintiff’s complaint, which sought a divorce premised upon cruel and inhuman treatment, is insufficient and vague in light of the specific pleading requirement of CPLR 3016 (subd [c]) (Frank v Frank, 82 AD2d 908). Mangano, J. P., Gulotta, Bracken and Niehoff, JJ., concur.

Stevens v. Stevens, 92 A.D.2d 568, 459 N.Y.S.2d 726, 1983 N.Y. App. Div. LEXIS 16799 (N.Y. Ct. App. 1983).

Pincite

92 A.D.2d 568 (Stevens v. Stevens) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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