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RODGERS v. RODGERS

304 N.Y. 591 (1952)

Mary-Alice Rodgers, Appellant and Respondent, v. William H. Rodgers, Respondent and Appellant.

Court of Appeals of the State of New York.

Decided May 29, 1952

Attorney(s) appearing for the Case

Roger Hinds for motion and in opposition to cross motion.

Maurice R. Whitebook for cross motion and in opposition to motion.

Motion by defendant granted, and plaintiff's appeal in its entirety dismissed upon the ground that a stipulation for judgment absolute cannot be given in this action for a separation since a counterclaim for annulment remains untried. (Weiman v. Weiman, 295 N.Y. 150.)

Cross motion by plaintiff granted and defendant's appeal dismissed upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. [See...

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