Appellate Division of the Supreme Court of the State of New York May 15, 2000 (Breen v. Breen)

—In an action for a divorce and ancillary relief, the plaintiff wife appeals from an order of the Supreme Court, Nassau County (Jonas, J.), dated June 7, 1999, which granted that branch of the defendant husband’s cross motion which was, in effect, to dismiss the first cause of action of the *426complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.