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BUCKLEY v. BUCKLEY

142 Misc.2d 560 (1989)

Carol W. Buckley, Plaintiff, v. Mark W. Buckley, Defendant.

Supreme Court, Saratoga County.

February 9, 1989

Attorney(s) appearing for the Case

Ziff, Weiermiller & Hayden (James G. Levins, III, of counsel), for defendant. King, Murphy, Adang & Arpey (Martin W. Pozefsky of counsel), for plaintiff.

LOREN N. BROWN, J.

This motion by the defendant seeks an order dismissing the complaint for failure to state a cause of action, pursuant to CPLR 3211 (a) (7), on the grounds that the complaint's sole cause of action seeks a divorce based upon a separation agreement, which was vitiated by the resumption of marital relations. By a letter to the parties, dated September 23, 1988, the court informed them that the motion to dismiss would be

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