Leavitt v. Leavitt

In a matrimonial action, defendant appeals from so much of an order of the Supreme Court, Queens County, dated October 6, 1977, as granted plaintiff's motion to dismiss her first, second, third and fourth counterclaims. Plaintiff purports to cross-appeal from so much of the order as denied his motion to dismiss the fifth counterclaim. Cross appeal dismissed. The cross appeal was not perfected in accordance with the rules of this court (see Howe Ave. Nursing Home v Nafus, 54 AD2d 686). Order reversed insofar as appealed from, with $50 costs and disbursements, and motion to dismiss defendant’s…