Vasquez v. Vasquez

OPINION OF THE COURT

David Goldstein, J.

This is a motion to dismiss the complaint pursuant to CPLR 3211 (a) (4) and (7), which had been converted to a motion for summary judgment by appropriate notice to the parties. The motion was restored to the calendar, with both afforded an opportunity to submit proof to be considered on a motion for summary judgment, including affidavits of the parties and proper medical proof to demonstrate that the facts here give rise to an independent cause of action for an intentional tort, separate and apart from the relief sought in the matrimonial action. The…