Zaczek v. Zaczek

Motion for a change of venue is granted. Cross motion to dismiss the counterclaim is denied.

The complaint contains two causes of action: (1) for a judgment declaring the parties to be husband and wife, and (2) for a separation, and possession of certain real property owned by the parties as tenants by the entirety.

The fact that the plaintiff prays for possession of the premises, pursuant to section 1164-a of the Civil Practice Act, does not transform the second cause of action into any of the actions enumerated in section 183 of the Civil Practice Act, which would require a trial in Nassau…