Berger v. Berger

In a divorce action, plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered March 30, 1981, which granted defendant’s motion to dismiss plaintiff’s complaint pursuant to CPLR 3211 (subd [a], par 4) and denied, as academic, plaintiff’s cross motion, pursuant to CPLR 602, for a joint trial of the actions pending between the parties. Order reversed, with $50 costs and disbursements, defendant’s motion is denied, plaintiff’s complaint is reinstated, and plaintiff’s cross motion, pursuant to CPLR 602, for a joint trial of the two actions for divorce pending…