Appellate Division of the Supreme Court of the State of New York October 27, 2009 (Rosner v. Rosner)

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Nassau County (Brown, J.), dated July 21, 2008, which denied his motion to dismiss the plaintiffs cause of action for equitable distribution and related relief, for leave to amend his answer to assert counterclaims seeking partition of the parties’ residence in Mill Neck and to recover money