Stroke v. Stroke

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion seeking dismissal of the complaint for failure to state a cause of action for divorce on the ground of cruel and inhuman treatment (see, CPLR 3211 [a] [7]; Domestic Relations Law § 170 [1]). “Accepting as true the factual allegations of the complaint * * * there is no reasonable view of the facts which supports such a cause of action” (Breen v Breen, 272 AD2d 425, 426; cf., Vestal v Vestal, 273 AD2d 461, 462). A plaintiff seeking a divorce…