Wessler v. Wessler

Order, Supreme Court, Bronx County (Anita Florio, J.), entered December 17, 1992, which, inter alia, denied defendant’s cross motion to dismiss plaintiff’s cause of action for a divorce, unanimously affirmed, without costs.

The complaint is sufficient to plead a cause of action for divorce on the ground of cruel and inhuman treatment. The allegations must be deemed to be true on a CPLR 3211 (a) (7) motion, and are legally sufficient in that they would, if established, constitute serious misconduct, not mere incompatibil*300ity, even taking into account the long duration of the parties’ marriage…