McKenzie v. McKenzie

Order unanimously reversed, without costs, plaintiff’s motions denied and defendant’s motions granted. Memorandum: In this divorce action based *586on cruel and inhuman treatment defendant denies plaintiffs allegations that she contracted an infectious disease from defendant and was hospitalized for anxiety and depression due to his conduct. A copy of the note of issue, certificate of readiness and motion papers for a trial preference were served upon defendant’s attorneys at the time of service of plaintiffs complaint. Thereafter defendant served a notice on plaintiff requesting requisite…