By order dated May 24, 1982, this court reversed the order, insofar as appealed from, on the law, and granted the motion to dismiss on the ground that such a pending action did exist where, in a 1975 action for support brought by defendant wife, plaintiff husband had counterclaimed for divorce, defendant wife had submitted a reply to the counterclaim, but thereafter no action was taken by either side in that proceeding (Whitney v Whitney,
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