STROKE v. STROKE


283 A.D.2d 992 (2001)

724 N.Y.S.2d 391

CLIFFORD STROKE, Respondent, v. KAREN STROKE, Appellant.

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

Decided May 2, 2001.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying defendant's motion seeking dismissal of the complaint for failure to state a cause of action for divorce on the ground of cruel and inhuman treatment (see, CPLR 3211 [a] [7]; Domestic Relations Law § 170 [1]). "Accepting as true the factual allegations of the complaint * * * there is no reasonable view of the facts...

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