Okun v. Okun

Defendant moves to dismiss the separation action pursuant to rule 3211 (subd. [a], par. 7) of the Civil Practice Law and Buies on the ground that the complaint fails to state a cause of action. The claimed legal insufficiency is predicated upon the fact that the complaint indicates that the parties have not separated and continue to reside in the same apartment. In the circumstances, and under the case law in this Department it would be “ contrary to public policy and incongruous to permit a judicial separation of parties who have not physically separated themselves ” (Baker v. Baker, 16 A D…