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VAIANA v. VAIANA

272 A.D.2d 916 (2000)

706 N.Y.S.2d 812

STACY A. VAIANA, Appellant, v. JOSEPH A. VAIANA, Respondent.

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

Decided May 10, 2000.

Order unanimously reversed on the law without costs, motion denied, amended complaint reinstated and new trial granted.

Memorandum:

In this action seeking a divorce on the ground of cruel and inhuman treatment, Supreme Court erred in granting defendant's motion to dismiss the amended complaint at the close of plaintiff's proof (see, Smith v Smith, 254 A.D.2d 788). A motion for judgment as a matter of law made at the...

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