Kapchan v. Kapchan

— Appeal by plaintiff from an order of the Supreme Court, Queens County (Goldstein, J.), dated February 16, 1982, which dismissed the plaintiff’s first cause of action for a divorce on the ground of cruel and inhuman treatment for failure to state a cause of action and which dismissed the plaintiff’s second cause of action for necessaries, without prejudice to renew said second cause of action “upon proper factual allegations”. Order modified, on the law, by adding to the first decretal paragraph after the word “dismissed”, the words “with leave to replead”. As so modified, order affirmed,…