Frederick v. Frederick

Appeal from an order of the Supreme Court at Special Term (Viscardi, J.), entered September 27, 1982 in Clinton County, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action. This is an action for divorce brought by the husband and based on his wife’s alleged cruel and inhuman treatment of him. The parties were married in 1952 and the four children of the marriage have all reached the age of 21. The complaint, inter alla, alleges that defendant initiated arguments which escalated into bitter ones; that defendant attempted to hit plaintiff with her…