Frink v. Frink

OPINION OF THE COURT

Gerard E. Delaney, J.

This is initially a motion by plaintiff Eugene F. Frink for what has become known as “reverse summary judgment” (cf. Leeds v Leeds, 94 AD2d 788, app dsmd 60 NY2d 641; Rauch v Rauch, 91 AD2d 407). However, upon the receipt of such motion, defendant Madeline L. Frink has, in what is becoming a frequent form of motion practice in these matters, moved to discontinue her first three counterclaims in the action which seek divorce on her part on the “fault” grounds of cruel and inhuman treatment, adultery and constructive abandonment. (Cf. Domestic Relations…