Amendola v. Amendola

Full title: FRANK AMENDOLA, Respondent, v. DOROTHY J. AMENDOLA, Appellant

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

Date published: Jun 13, 1988

141 A.D.2d 593 (N.Y. App. Div. 1988)

Opinion

June 13, 1988

Appeal from the Supreme Court, Putnam County (Dickinson, J.).

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

The factual allegations in the verified complaint are sufficient to create a triable issue of fact as to whether the plaintiff's cause of action for divorce has merit (CPLR 105 [t]; Bethlehem Steel Corp. v Solow, 51 N.Y.2d 870; Indig v Finkelstein, 23 N.Y.2d 728). Thompson, J.P., Brown, Weinstein and Rubin, JJ., concur.