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ESCHBACH v. ESCHBACH

56 N.Y.2d 167 (1982)

Donald Eschbach, Appellant, v. Rita Eschbach, Respondent.

Court of Appeals of the State of New York.

Decided May 13, 1982.

Attorney(s) appearing for the Case

Herbert J. Malach and Robert G. Schneider for appellant.

Edward D. Loughman, Jr., for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

The question to be resolved on this appeal is whether custody of the youngest child of the parties herein should be changed, along with that of her two older sisters, from her mother to her father.

Plaintiff, Donald Eschbach, and defendant, Rita Eschbach, were married on November 23, 1963. Donald Eschbach was granted a divorce on May 28, 1979 on the basis of the couple having lived separate...

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