Heinz v. Heinz

OPINION OF THE COURT

Daniel Palmieri, J.

On this motion to dismiss on the ground of other action pending (CPLR 3211 [a] [4]), the court is called upon to decide *602whether a party against whom an action was commenced prior to the effective date of the so-called “no-fault” ground added to Domestic Relations Law § 170 may nonetheless commence his own action on such ground thereafter. The court holds that he can, and accordingly denies the motion.

The relevant facts are simple and undisputed. The parties were married in 1985. On October 1, 2010 Tracy Heinz, the defendant wife in this present case,…