DUNN v. DUNN


86 A.D.2d 772 (1982)

Fern D. Dunn, Appellant, v. John J. Dunn, Respondent. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 29, 1982


Order unanimously reversed, without costs, motion denied and action commenced January, 1976 dismissed.

Memorandum:

Plaintiff appeals from orders which denied her motion to vacate a note of issue filed in a 1979 separation action, and granted defendant's motion to dismiss a 1980 divorce action. In January, 1976 plaintiff commenced a divorce action based on cruel and inhuman treatment which she alleged occurred during 1974 and 1975. After defendant interposed...

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