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BORAX v. BORAX

3 A.D.2d 404 (1957)

Ruth Borax, Appellant, v. Herman Borax, Respondent

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

April 9, 1957.

Attorney(s) appearing for the Case

Charles Rothenberg of counsel (Rothenberg, Atkins & Koss, attorneys), for appellant.

Maurice Shorenstein of counsel (Shorenstein & Shorenstein, attorneys), for respondent.

BREITEL, J. P., BOTEIN, RABIN, VALENTE and McNALLY, JJ., concur.

Per Curiam.

This is an appeal from an order dismissing the complaint on the ground that it does not state facts sufficient to constitute a cause of action (Rules Civ. Prac., rule 106, subd. 4). The complaint alleges three causes of action: the first is to set aside a separation agreement made between the parties on March 14, 1946; the second is for separation on the ground of adultery; and the third is for separation on the ground of cruel and inhuman treatment...

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