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GIANIS v. GIANIS

2009-01312.

67 A.D.3d 963 (2009)

890 N.Y.S.2d 568

2009 NY Slip Op 08783

ROBIN FASCIANO GIANIS, Appellant, v. ALEXANDER GIANIS, Respondent.

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

Decided November 24, 2009.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was pursuant to CPLR 3211 (a) (7) to dismiss the plaintiff's first cause of action for a divorce on the ground of cruel and inhuman treatment and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed; and it is further,

Ordered that a subsequent order of the same court, entered February...

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