ERLICH v. ERLICH


278 A.D. 244 (1951)

Henry Erlich, Appellant, v. Raye Erlich, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 1951.


Attorney(s) appearing for the Case

Mitchell Salem Fisher for appellant.

Frederick W. Scholem (Hyman Goldman and Leo B. Mittelman with him on the brief), for respondent.

DORE, J. P., COHN, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

Husband and wife each seek a decree of separation from the other upon the ground of abandonment. The wife's counterclaim for that relief in this action was withdrawn, but after the husband's complaint was dismissed by the judgment appealed from, she commenced a like action against him. One of her defenses to his action was that she returned to his home on February 18, 1950, intending in good faith to resume...

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