Dodd v. Colbert

Appeal from an order of the Supreme Court (Work, J.), entered December 11, 2008 in Ulster County, which, among other things, partially denied plaintiff’s motion to dismiss defendant’s affirmative defenses.

Plaintiff commenced this divorce action alleging grounds of constructive abandonment and cruel and inhuman treatment. His amended complaint included allegations, under the ground of cruel and inhuman treatment, that defendant entered into an illicit sexual relationship with a named individual. Defendant served an unverified amended answer with five affirmative defenses. Plaintiff moved to…