Dhamoon v. 230 Park South Apartments, Inc.

Nardelli, J. (dissenting in part).

I respectfully dissent to the extent that I find the order of the motion court should be modified, defendant’s motion to dismiss the complaint denied, the complaint reinstated, defendant ordered to serve an answer, and the original caption restored. I would affirm that branch of the order which denied plaintiffs motion for a preliminary injunction.

Initially, I find no support for the majority’s observation that the motion court’s decision somehow stands for the premise that “merely because parties are married, property held separately becomes property held…