Breen v. Breen

—In an action for a divorce and ancillary relief, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (Jonas, J.), dated June 7, 1999, which granted that branch of the defendant husband’s cross motion which was, in effect, to dismiss the first cause of action of the *426complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly granted that branch of the defendant’s motion which was, in effect, to dismiss the first cause of action for failure to state a cause…