Nicit v. Nicit

— Order and judgment unanimously affirmed without costs. Memorandum: Plaintiff appeals from so much of an order and judgment that granted defendant’s motion for summary judgment and dismissed plaintiff’s complaint for divorce alleging abandonment and cruel and inhuman treatment. Defendant cross-appeals from a resettled order and judgment insofar as it failed to impose sanctions against plaintiff for filing a frivolous lawsuit. The court properly dismissed plaintiff’s divorce complaint, brought on the same grounds as an earlier action that was dismissed at the end of *1047plaintiffs proof. Here…