Seaman v. Seaman

Order entered October 18, 1968, granting defendant’s motion to dismiss complaint, ■unanimously reversed on the law, the motion denied, and the complaint is reinstated, without costs or disbursements. The motion was brought pursuant to CPLR 3211 (subd. [a], par. 7). The granting of the motion is without support in the record. Both causes of action contain sufficient specificity to render a repleading a circuitous waste of time, particularly in view of the repetitive and needlessly contentious background of this litigation. The first cause of action based on cruel and inhuman treatment…