Opinion
October 23, 1961
In an action for a judgment declaring that defendant's foreign divorce is invalid and that the parties are still husband and wife, for a separation and for other relief, in which defendant counterclaimed for partition of their jointly owned real property in Nassau County, plaintiff appeals from the following three orders of the Supreme Court, Queens County, all dated March 14, 1961: (a) an order denying his motion to strike out defendant's amended answer; (b) an order referring defendant's motion for a counsel fee allowance to the trial court; and (c) an order granting defendant's motion for a change of venue from Queens County to Nassau County, and denying plaintiff's cross motion to dismiss defendant's counterclaim. Orders affirmed, with one bill of $10 costs and disbursements. No opinion. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur. [ 27 Misc.2d 740.]