Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly granted that branch of the defendant's motion which was, in effect, to dismiss the first cause of action for failure to state a cause of action (see, CPLR 3211 [a] [7]). A cause of action for divorce based on cruel and inhuman treatment requires a plaintiff to "show serious misconduct, and not mere incompatibility", that is, "a course of conduct by the defendant spouse...
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