Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion pursuant to CPLR 3211 (a) (7) which was to dismiss the first cause of action seeking a divorce on the ground of constructive abandonment is granted.
The plaintiff commenced this action seeking a divorce and ancillary relief. The first cause of action alleged constructive abandonment, and the second cause of action alleged cruel and inhuman...
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