Turek v. Turek

OPINION OF THE COURT

Gerard E. Delaney, J.

Under CPLR 3217 (subd [b]) may a party plaintiff discontinue her cause of action for “fault” divorce under section 170 of the Domestic Relations Law when the application is made in opposition to defendant’s motion for “reverse summary judgment” and when such plaintiff’s reasons for discontinuance relate not to the substance of the marriage, e.g., the possibility of reconciliation or continued love and mutual respect and understanding between the parties, but, rather, relate to social, medical, political or financial reasons?

Inasmuch as the court on the…