Lerner v. Lerner

Appeal from so much of an order of Supreme Court at Special Term, entered March 10, 1978 in Sullivan County, which denied defendant’s motion to dismiss the complaint. This is an action for divorce on the grounds of cruel and inhuman treatment. The defendant’s motion to dismiss the complaint is based upon the alleged failure of the plaintiff to specifically plead in his complaint the time, place, and circumstances of the alleged misconduct to permit the defendant to properly prepare a defense (CPLR 3016, subd [c]). The first cause of action in plaintiff’s amended complaint for the divorce…