Doundley A.E. v. Elizabeth R.E.

Order, Supreme Court, Bronx County (Diane Kiesel, J.), entered January 26, 2007, which granted defendant summary judgment on her counterclaim for divorce on the ground of cruel and inhuman treatment, unanimously affirmed, without costs.

Even assuming the court had intended not to grant defendant’s motion for leave to serve a second amended verified answer, summary judgment appears not to have been based on the incident newly alleged in that pleading. The court instead relied on the 2005 family offense proceeding, whose findings of fact did not encompass the latest incident. Even if the motion…