Ordered that the order is modified, on the law, by deleting therefrom the provision denying that branch of the motion which was to dismiss the first cause of action, which sought a divorce on the ground of cruel and inhuman treatment, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Accepting as true the allegations in the complaint, as we must...
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