Weiss v. Weiss

In an action for a divorce and ancillary relief, the plaintiff wife appeals from an order of the Supreme Court, Suffolk County (Fierro, J.), dated May 19, 1987, which, sua sponte, dismissed her complaint for failure to state a cause of action.

Ordered that the order is reversed, with costs, and matter remitted to the Supreme Court, Suffolk County, to address the plaintiff’s motion to dismiss the defendant husband’s affirmative defenses and certain counterclaims.

After initiating an action for a divorce on the ground of cruel and inhuman treatment, in which the defendant’s answer contained…