From Casetext: Smarter Legal Research

Stevens v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1983
92 A.D.2d 568 (N.Y. App. Div. 1983)

Opinion

February 14, 1983


In a matrimonial action, defendant wife appeals from an order of the Supreme Court, Nassau County (Kelly, J.), entered September 16, 1982, which denied her motion to dismiss plaintiff husband's complaint for failure to state a cause of action. Order reversed, on the law, without costs or disbursements, and defendant's motion granted with leave to replead in conformity with the requirements of CPLR 3016 (subd [c]). Plaintiff's complaint, which sought a divorce premised upon cruel and inhuman treatment, is insufficient and vague in light of the specific pleading requirement of CPLR 3016 (subd [c]) ( Frank v. Frank, 82 A.D.2d 908). Mangano, J.P., Gulotta, Bracken and Niehoff, JJ., concur.


Summaries of

Stevens v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1983
92 A.D.2d 568 (N.Y. App. Div. 1983)
Case details for

Stevens v. Stevens

Case Details

Full title:ARTHUR P. STEVENS, Respondent, v. LUCILLE N. STEVENS, Also Known as LUCY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 14, 1983

Citations

92 A.D.2d 568 (N.Y. App. Div. 1983)

Citing Cases

Pavlo v. Pavlo

These open-ended claims are not sufficiently specific to meet the dictates of CPLR 3016 (c). Therefore, the…