SOMMER v. SOMMER


285 A.D. 809 (1955)

Mildred E. Sommer, Respondent, v. George Sommer, Appellant

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

January 25, 1955.


Order appealed from unanimously reversed, without costs. The motion of the plaintiff is in all respects denied. The cross motion of the defendant to dismiss the complaint is granted.

It is alleged therein that the parties are occupying the same apartment. We do not hold that a complaint in a separation action is necessarily legally insufficient where it appears upon the face thereof that the parties are living in a common place of abode. Upon the facts set forth in...

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