See v. See

In an action for a divorce and ancillary relief, the plaintiff wife appeals from so much of an order of the Supreme Court, Nassau County (Diamond, J), dated July 10, 2006, as granted the defendant husband’s motion to set May 5, 1993, the date of commencement of a prior, discontinued divorce action, as the valuation date of his business.

Ordered that the order is affirmed insofar as appealed from, with costs.

“Where, as here, a prior matrimonial action seeking a divorce and ancillary relief has been withdrawn or discontinued, etc., and a new action for the same relief is subsequently commenced,…