URBANSKI v. URBANSKI


107 Misc.2d 215 (1980)

Marianne T. Urbanski, Plaintiff, v. Andrew S. Urbanski, Defendant.

Supreme Court, Orange County.

November 28, 1980


Attorney(s) appearing for the Case

Dennis P. Caplicki for defendant. Malvin T. Davidson for plaintiff.


IRVING A. GREEN, J.

This is a motion to dismiss an amended complaint in an action for divorce on the ground that there is another action pending for the same cause. The basis for the application is the prior commencement of an action for divorce by the defendant against the plaintiff. The movant essentially contends that the exclusive remedy of the plaintiff to assert her own cause of matrimonial action is by way of a counterclaim in the prior divorce...

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