Lynch v. Lynch

In a divorce action, defendant appeals from an order of the Supreme Court, Suffolk County, dated April 15, 1980, which treated her motion for summary judgment or “reargument” solely as one for re-argument and denied the motion as untimely. (We deem the motion to be for renewal and summary judgment on the ground that there was another action pending.) Order reversed, on the law, without costs or disbursements, defendant’s motion granted as to renewal and upon renewal, order dated January 31, 1980 vacated, and summary judgment awarded to the extent of staying the instant action until the final…