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HEINZ v. HEINZ

203438/10.

31 Misc.3d 601 (2011)

920 N.Y.S.2d 870

STEVEN HEINZ, Plaintiff, v. TRACY HEINZ, Defendant.

Supreme Court, Nassau County.

Decided February 16, 2011.

Attorney(s) appearing for the Case

Breiter & Gura, LLP, Garden City, for defendant.

Keith, Shapiro & Ford, Garden City, for plaintiff.

OPINION OF THE COURT

DANIEL PALMIERI, J.

On this motion to dismiss on the ground of other action pending (CPLR 3211 [a] [4]), the court is called upon to decide whether a party against whom an action was commenced prior to the effective date of the so-called "no-fault" ground added to Domestic Relations Law § 170 may nonetheless commence his own action on such ground thereafter. The court holds that he can...

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