Lipset v. Lipset

In an action for a divorce and ancillary relief, the defendant wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated October 17, 1988, as denied those branches of her motion which were for summary judgment dismissing the complaint based upon a ground asserted in CPLR 3211 (a) (7), and to vacate the plaintiff husband’s note of issue.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendant’s motion which were for summary judgment dismissing the complaint based…