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HEINEMANN v. HEINEMANN

2019-05053. Index No. 2391/18.

189 A.D.3d 1553 (2020)

139 N.Y.S.3d 340

2020 NY Slip Op 08044

Jon Heinemann, Respondent, v. Michelle M. Heinemann, Appellant.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Berkman Bottger Newman & Rodd, LLP (Mischel & Horn, P.C., New York, NY [ Scott T. Horn ], of counsel), for appellant.

The Law Office of Kelley M. Enderley, P.C., Poughkeepsie, NY, for respondent.

Rivera, J.P., Cohen, Hinds-Radix and Iannacci, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's cross motion which was pursuant to CPLR 3211(a) to dismiss the second cause of action, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The parties were divorced by a judgment...

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