Order modified, on the law, by adding to the first decretal paragraph after the word "dismissed", the words "with leave to replead". As so modified, order affirmed, without costs or disbursements.
While in our view proof of the facts as pleaded would be sufficient to state a cause of action for divorce on the basis of cruel and inhuman treatment (Domestic Relations Law, § 170, subd [1]), the fact remains that the complaint fails to comply with the pleading requirements...
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