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HEJNA v. REILLY

237 A.D.2d 809 (1997)

655 N.Y.S.2d 125

Carolyn I. Hejna, Respondent, v. Andrew A. Reilly, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 13, 1997

White, J.

We affirm Supreme Court's denial of defendant's CPLR 3211 (a) (7) motion to dismiss plaintiff's complaint in this divorce action based upon cruel and inhuman treatment. On such a motion, the court's sole inquiry is whether the facts alleged in the complaint fit within any cognizable legal theory, not whether there is evidentiary support for the complaint (see, Leon v Martinez, 84 N.Y.2d 83, 87...

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