Greco v. Greco

The plaintiff in this action for divorce moves this court for an order, presumably pursuant to CPLR 3211 (subd. [b]), to dismiss the first, second and third affirmative defenses interposed in the defendant’s answer upon the ground that a defense is not stated in any of the said affirmative defenses.

The action was commenced on July 10, 1968 by the service of a summons with notice upon the defendant personally. A certificate of no necessity for further reconciliation procedures was granted on August 14, 1968 by the Conciliation Commissioner. Prior thereto a notice of appearance was filed by the…