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

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

DecidedFebruary 14, 1983

StatusPublished

Cited by1 cases

This text of 92 A.D.2d 568 (Stevens v. Stevens) 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

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).

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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.

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Bluebook (online)

92 A.D.2d 568, 459 N.Y.S.2d 726, 1983 N.Y. App. Div. LEXIS 16799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-stevens-nyappdiv-1983.

Opinion

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