HAMMER v. HAMMER


278 A.D. 396 (1951)

Clara Hammer, Appellant, v. George Hammer, Respondent

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

June 26, 1951.


Attorney(s) appearing for the Case

Alexander J. Lekus for appellant.

William A. Hyman attorney (Harold W. Hyman with him on the brief), for respondent.

PECK, P. J., and CALLAHAN, J., concur with DORE, J.; VAN VOORHIS, J., dissents and votes to affirm, in opinion in which COHN, J., concurs.


DORE, J.

Plaintiff wife appeals from order of Special Term denying her motion for a temporary injunction restraining defendant husband from proceeding in a Florida divorce action pending determination of the issues in this action by the wife to protect the marital status.

The parties were married in the city and State of New York on March 22, 1913, and they lived together in New York as man and wife until...

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