Zipes v. Zipes

OPINION OF THE COURT

Ralph Yachnin, J.

Motion by plaintiff husband (Husband), made by notice of motion, dated February 5, 1992, and ultimately submitted for decision on December 18, 1992,1 for an order dismissing the defendant wife’s (Wife) second and third counterclaims on the grounds that they fail to state a cause of action, and the cross motion by the Wife, made by notice of cross motion, dated October 19, 1992, for an order, pursuant to CPLR 3025 (b), granting the Wife leave to amend her second and third counterclaims, should the court find that the same fail to state a cause of action,…