Buckley v. Buckley

OPINION OF THE COURT

Loren N. Brown, J.

This motion by the defendant seeks an order dismissing the complaint for failure to state a cause of action, pursuant to CPLR 3211 (a) (7), on the grounds that the complaint’s sole cause of action seeks a divorce based upon a separation agreement, which was vitiated by the resumption of marital relations. By a letter to the parties, dated September 23, 1988, the court informed them that the motion to dismiss would be *561treated as a motion for summary judgment. Thereafter, the plaintiff requested that the court search the record and grant him summary…