The complaint in this action seeks a divorce based upon cruel and inhuman treatment within the contemplation of the Domestic Relations Law § 170 (1).
The parties were married in 1966, almost 20 years ago. After joinder of issue, defendant moved for summary judgment and for dismissal of the complaint for failure to state a cause of action. That branch of the motion which sought summary judgment was not addressed in the court's decision and no error is asserted...
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