Mincer v. Mincer

Order unanimously modified, and, as modified, affirmed, without costs, in accordance with the following memorandum: Pending plaintiff wife’s motion in this matrimonial action to strike paragraph "twelfth” of defendant’s answer and counterclaim, defendant husband served an amended pleading deleting the objectionable allegations and cross-moved to strike the case from the calendar because of the incorrectness of material facts set forth in the certificate of readiness filed by plaintiff, and for counsel fees pursuant to section 237 of the Domestic Relations Law. Plaintiff appeals from an order…