Cardona, P.J.
The parties were married in September 1999. Plaintiff commenced this action for divorce in March 2006 on the grounds of cruel and inhuman treatment and abandonment. Thereafter, he discontinued his abandonment cause of action and moved for summary judgment on the remaining ground of cruel and inhuman treatment. Although Supreme Court initially granted that motion, issuing a judgment of divorce, the court subsequently sua sponte vacated that judgment....
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