The parties were married in the Town of Roxbury, Delaware County, on August 16, 1961 and had two children. On August 22, 1985, plaintiff commenced the instant action for divorce pursuant to Domestic Relations Law § 170 based on cruel and inhuman treatment. Defendant filed an answer containing the affirmative defense of failure to state a cause of action.
On August 26, 1986, defendant moved to dismiss the complaint for insufficient...
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