Leites v. Leites

Order of the Supreme Court, New York County (Hortense W. Gabel, J.), entered March 27, 1984, which granted, with prejudice, plaintiff’s cross motion to discontinue her first cause of action for divorce based upon the defendant’s adultery and denied defendant’s motion for reverse partial summary judgment for divorce on the first cause of action as being moot, is affirmed, without costs.

Although it is clear that, in a proper case, reverse summary judgment in a matrimonial action may be granted (Leeds v Leeds, 60 NY2d 641) and appropriate safeguards imposed by the court to prevent destruction of…