Gianis v. Gianis

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Bivona, J.), dated January 13, 2009, which granted the defendant’s motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (7) to dismiss the plaintiffs first cause of action for a divorce on the ground of cruel and inhuman treatment and substituting therefor a provision denying that branch of the…