Order unanimously reversed on the law without costs, and defendant's motion granted, in accordance with the following memorandum: The court erred in denying defendant's motion for summary judgment of divorce on the grounds that such denial was consistent with the principles underlying the 1984 amendment to CPLR 3212 (e) which prohibits granting summary judgment in matrimonial actions in favor of the "nonmoving party". Domestic Relations Law § 170 (6) permits a party...
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