DeLuise v. DeLuise

—Order, Supreme Court, New York County (Joan Lobis, J.), entered February 7, 2001, which, in Action No. 1, denied appellant husband’s motion to vacate plaintiff wife’s notice of discontinuance and denied appellant’s motion for leave to interpose a counterclaim, and order, same court and Justice, entered March 23, 2001, which, in Action No. 2, denied appellant’s motion to determine marital property as of the date Action No. 1 was commenced, unanimously affirmed, without costs.

*136In Action No. 1, plaintiff wife had an absolute and unconditional right, prior to service of the complaint, to…