Shulsky v. Shulsky

In this action for divorce for alleged abandonment, defendant moves to strike part of paragraph Seventh of the complaint on the ground that it contains c ‘ prejudicial matter unnecessarily inserted ”, pursuant to CPLR 3024 (subd. [b]). By this paragraph plaintiff alleges that there is no judgment in favor of defendant and against plaintiff in any court of competent jurisdiction, and that no action has been brought or is now pending for the same relief and concludes with the following: “ other than an action for a Judicial Separation previously commenced by defendant against plaintiff in the…