Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branch of the motion which was for summary judgment is granted, the complaint is dismissed, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.
The parties to this appeal have been involved in protracted and acrimonious divorce proceedings (see, Berger-Carniol v Carniol,
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