DODD v. COLBERT


64 A.D.3d 982 (2009)

881 N.Y.S.2d 711

KEVIN K. DODD, Appellant, v. CHERYL C. COLBERT, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 9, 2009.


Kane, J.

Plaintiff commenced this divorce action alleging grounds of constructive abandonment and cruel and inhuman treatment. His amended complaint included allegations, under the ground of cruel and inhuman treatment, that defendant entered into an illicit sexual relationship with a named individual. Defendant served an unverified amended answer with five affirmative defenses. Plaintiff moved to dismiss the affirmative defenses, to compel defendant to verify her...

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