Amended judgment entered October 14, 1983, reversed, on the law, without costs or disbursements, judgment entered February 8, 1983, vacated and matter remitted to the Supreme Court, Nassau County, for a trial on the defendant husband's counterclaims for divorce and ancillary issues.
The parties entered into a written agreement in 1980, and the plaintiff wife commenced her action for a "conversion" divorce in 1981. In his amended answer, the defendant husband interposed counterclaims for a divorce based on cruel and inhuman treatment and adultery. However, at trial, the court precluded defendant from offering evidence with respect to his counterclaims, holding that they would be rendered moot once plaintiff's entitlement to a "conversion" divorce had been established. This was error. Although the plaintiff wife established her entitlement to a "conversion" divorce, defendant should not have been deprived of his right to have a trial on his counterclaims for divorce ( Zaccai v Zaccai, 99 A.D.2d 830).
We have considered the remaining contentions raised by defendant and find them to be without merit. Mangano, J.P., Bracken, Weinstein and Niehoff, JJ., concur.