OPINION OF THE COURT
DANIEL PALMIERI, J.
The motion by the defendant to dismiss this action pursuant to CPLR 3211 (a) (7) is granted to the extent that the first and second causes of action, alleging cruel and inhuman treatment and constructive abandonment, respectively, are dismissed, and is otherwise denied.
That branch of the cross motion by the plaintiff for an order permitting him to serve an...
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