New York Supreme Court September 6, 2011 (L.L. v. B.H.)

OPINION OF THE COURT

Anthony J. Falanga, J.

Plaintiff wife (hereinafter referred to as the wife) moves for an order, pursuant to CPLR 3211 (a) (7), dismissing the counterclaims of the defendant husband (hereinafter referred to as the husband) that seek partition and recoupment on the ground that they fail to state a cause of action, and for an order directing the husband to pay the wife’s counsel