Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiff's motion, in effect, for summary judgment declaring that the parties' marriage is a nullity and directing the eviction of the defendant from the residence located at 39 Dunlop Road, in Huntington, and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements.
CPLR 3212 (a) provides that "[a]ny party...
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