Kaplan v. Kaplan

In an action for divorce, defendant wife moves pursuant to CPLB 3211 (subd. [a]) for an order dismissing plaintiff husband’s first and second causes of action alleged in plaintiff’s complaint upon the ground that each fails to state a cause of action.

The action was commenced by the service of a summons upon defendant on January 27,1968. A certificate of no necessity was issued by the Conciliation Commissioner on February 19, 1968. On April 16, 1968 the plaintiff served his complaint herein.

The first cause of action based on cruel and inhuman treatment is palpably insufficient. The acts of…