Rubin v. Rubin

Order, Supreme Court, New York County, dated July 18, 1978, granting defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 1) is unanimously reversed, on the law, without costs, and said motion is denied without prejudice to any appropriate motions for summary judgment. Defendant’s cross appeal from said order is dismissed, without costs, on the ground that defendant was not a party aggrieved thereby. Appeal from the order entered October 11, 1978 which denied reargument is deemed withdrawn. This is an action by a former wife against her former *537husband to declare…