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MERCIER v. MERCIER

103 Misc.2d 1029 (1980)

George Mercier, Plaintiff, v. Jeanne L. Mercier, Defendant.

Supreme Court, Monroe County.

September 5, 1980.

Attorney(s) appearing for the Case

Davidson, Fink, Cook & Gates (S. Gerald Davidson of counsel), for defendant. Harter, Secrest & Emery (H. Robert Herman of counsel), for plaintiff.

JAMES H. BOOMER, J.

In September, 1977, the husband commenced this divorce action. Within 20 days thereafter the wife answered and counterclaimed for divorce. By this motion under CPLR 3217 the wife seeks an order discontinuing her counterclaim. Concededly, the reason for the request is that the wife is confident she will defeat her husband's action for a divorce and having done so she intends to reinstitute...

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