Cogan v. Cogan

In a matrimonial action, plaintiff appeals from a judgment of the Supreme Court, Westchester County (Dachenhausen, J.), dated October 13,1981, which, upon granting defendant’s motion for summary judgment of divorce in plaintiff’s favor, and upon denying plaintiff’s application to discontinue the action with prejudice, granted a divorce to the plaintiff. (The notice of appeal dated October 26, 1981 is deemed to be from the judgment.) Judgment reversed, on the law, with $50 costs and disbursements. Plaintiff’s application to discon*492tinue her action is granted with prejudice to the institution of…