Melnick v. Melnick

Asch and Rosenberger, JJ.,

concur in a memorandum by Asch, J., as follows: The parties were married on July 23, 1966. In June of 1980, plaintiff husband brought this action claiming that defendant wife had engaged in a course of cruel *539and inhuman conduct and treatment of the husband. After joinder of issue, defendant moved for summary judgment and for dismissal of the complaint for failure to state a cause of action. The court at nisi prius, only addressing the motion to dismiss, granted it, holding that the allegations of the complaint failed to show that defendant’s conduct during the…