MOLINARI v. MOLINARI


134 Misc.2d 998 (1987)

Teresa Molinari, Plaintiff, v. David C. Molinari, Defendant.

Supreme Court, Albany County.

March 11, 1987


Attorney(s) appearing for the Case

Ackerman, Wachs & Finton, P. C. (F. Stanton Ackerman of counsel), for plaintiff. Kohn, Bookstein & Karp, P. C. (Lorraine I. Remo of counsel), for defendant.


ROBERT F. DORAN, J.

In this matrimonial action, the first affirmative defense is that the complaint fails to state a cause of action. The plaintiff has moved to strike the affirmative defense.

Defendant opposed the motion citing the decision of the Appellate Division, First Department, in Riland v Todman & Co. (56 A.D.2d 350). The court has tested that decision and found there is conflict between...

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