Appellate Division of the Supreme Court of New York, 1987

Tucci v. Tucci

Tucci v. Tucci
Appellate Division of the Supreme Court of New York · Decided February 9, 1987
127 A.D.2d 653; 511 N.Y.S.2d 782; 1987 N.Y. App. Div. LEXIS 43140
Tucci v. Tucci

Opinion of the Court

In an action for a divorce and ancillary relief, the defendant husband appeals from so much of an order of the Supreme Court, Nassau County (Burstein, J.), dated September 23, 1985, as denied his motion to dismiss the complaint.

*654Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Drawing all the inferences from the complaint most favorable to the plaintiff wife (see, Katz v American Tech. Indus., 96 AD2d 932), the complaint adequately states causes of action for a divorce on the grounds of abandonment and cruel and inhuman treatment (see, Domestic Relations Law § 170 [1]). Mangano, J. P», Bracken, Niehoff and Eiber, JJ., concur.

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