Sciacca v. Sciacca

OPINION OF THE COURT

Phyllis Orlikoff Flug, J.

Defendant brings the instant motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and plaintiff cross moves for summary judgment in his favor pursuant to CPLR 3212.

The parties have been married since April 7, 1962. Over the course of this long marriage they have accumulated substantial assets. Plaintiff, Joseph Sciacca, initiated an action for divorce based upon the ground of cruel and inhuman treatment on *106May 10, 1999. Plaintiff, however, states in his instant affidavit that upon learning of the heavy burden of proof that he would sustain…