Urbanski v. Urbanski

OPINION OF THE COURT

Irving A. Green, J.

This is a motion to dismiss an amended complaint in an action for divorce on the ground that there is another action pending for the same cause. The basis for the application is the prior commencement of an action for divorce by the defendant against the plaintiff. The movant essentially contends that the exclusive remedy of the plaintiff to assert her own cause of matrimonial action is by way of a counterclaim in the prior divorce action brought by the defendant.

The motion is denied. The prior commencement by the defendant husband of his own action for…