Nina K. v. Victor K.

OPINION OF THE COURT

Martin G. Karopkin, J.

Respondent moves for an order dismissing the instant petition for failing to state a cause of action pursuant to CPLR 3212 (b) and because an order of protection would be a duplication of remedies for the petitioner. Petitioner opposes the motion. The motion is denied for all of the reasons set forth below.

*727This matter was commenced by the filing of a petition for an order of protection pursuant to Family Court Act § 842, alleging, inter alia, that on or about October 1, 1998, at a location only indicated as “street,” the respondent argued and cursed…