Rossiter v. Rossiter

*343OPINION OF THE COURT

Louis B. Heller, J.

This motion to dismiss the complaint and for an allowance of counsel fees in contesting plaintiff husband’s action for divorce is granted.

A complaint whose sole allegation of wife’s fault is that "defendant told the plaintiff to get out of the marital domicile in December, 1976 and since that time there has been no sexual relations between them” is insufficient as a matter of law, as less than one year had elapsed from December, 1976 to the date of commencement of this action. (See Domestic Relations Law, § 170, subd [2]; Levy v Levy, 53 AD2d 833; De…