Nitschke v. Nitschke

In this action for a divorce pursuant to subdivision (5) of section 170 of the Domestic Relations Law, the defendant wife moves to dismiss the complaint pursuant to CPLR 3211 (subd. [a], par. 1) and for counsel fees in the sum of $1,500.

In 1958 the defendant herein instituted an action for annulment on the grounds that the plaintiff had previously been married and that a prior Alabama divorce was invalid. On January 8,1960, Mr. Justice Shapiro signed a judgment which, among other provisions, dismissed the complaint. On the same day a hearing was held before Mr. Justice Shapiro, at which time…