Dattoria v. Dattoria

Appeals (1) from that part of an order of the Supreme Court (Ingraham, J.), entered April 25, 1989 in Broome County, which, inter alia, conditionally granted defendant’s motion to dismiss the complaint pursuant to CPLR 3012 (b), and (2) from an order of said court, entered June 12, 1989 in Broome County, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint.

The parties to this action were married in January 1951 and have four emancipated children. The record demonstrates that the parties have not lived together since approximately 1977. Defendant lives in…