Hoffman v. Hoffman

In an action for separation, plaintiff moves for an award of temporary alimony, child support, counsel fees and exclusive possession of the marital home. Defendant cross-moves to dismiss the action because of plaintiff’s failure to serve a complaint within the statutory period set forth in section 211 of the Domestic Relations Law.

The motions are consolidated and are disposed of on the terms hereinafter set forth.

Defendant’s motion to dismiss the action is denied. Although plaintiff has technically failed to comply with the statute *246(Domestic Relations Law, § 211), it appears that said failure…