Wharton v. Wharton

—In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated July 23, 1996, as granted that branch of the defendant’s cross motion which was to dismiss the action pursuant to CPLR 3211 (a) (4).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant’s cross motion which was to dismiss the action pursuant to CPLR 3211 (a) (4) is denied, and the action is reinstated.

When the plaintiff wife commenced this action in June…