Leavitt v. Leavitt

In a matrimonial action in which the defendant wife counterclaimed, inter alia, to compel plaintiff to name her as beneficiary of his benefits of the New York City Employees Retirement Fund, plaintiff appeals from so much of an order of the Supreme Court, Queens County, dated April 26, 1976, as denied his motion to dismiss the counterclaim upon the ground that it fails to state a cause of action. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, motion granted, and counterclaim dismissed, with leave to defendant, if she be so advised, to replead in…