In this action plaintiff seeks a judgment, pursuant to CPLR 3001, declaring that the parties are not and never have been married to each other. Defendant answered interposing four counterclaims, seeking, inter alia, an absolute divorce premised upon plaintiff's continuing adultery and cruel and inhuman treatment and, in addition, an equitable distribution of the marital assets. The matrimonial counterclaims are founded upon defendant's assertion that there existed...
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