Ordered that the order is reversed, on the law, with costs, the defendant wife's motion is denied, and the purported counterclaim is dismissed.
The plaintiff commenced this action by summons with notice in July 1995 seeking a divorce on the grounds of abandonment, constructive abandonment, and cruel and inhuman treatment. The defendant submitted a notice of appearance and demand for complaint. However, a complaint was never served or filed. On December 6, 1995, by...
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