Vahey v. Vahey

*644OPINION OF THE COURT

Daniel Palmieri, J.

The motion by the defendant to dismiss this action pursuant to CPLR 3211 (a) (7) is granted to the extent that the first and second causes of action, alleging cruel and inhuman treatment and constructive abandonment, respectively, are dismissed, and is otherwise denied.

That branch of the cross motion by the plaintiff for an order permitting him to serve an amended complaint is granted with respect to the second cause of action, and is otherwise denied. Those branches of the cross motion that are for a direction that the parties share in all family…