RUSS v. RUSS


12 Misc.2d 373 (1958)

Lavinia F. Russ, Plaintiff, v. Hugh McM. Russ, Defendant.

Supreme Court, Special Term, New York County.

June 23, 1958.


Attorney(s) appearing for the Case

Rothenberg, Atkins & Koss for plaintiff.

Orrin G. Judd, Christopher J. Taylor, Robert J. Haft and Victor T. Fuzak for defendant.


HENRY EPSTEIN, J.

This is an action for separation. It is the third in a series by the wife against her husband. This court has heretofore denied a motion to dismiss the complaint by an order of May 1, 1958. Now the case has been tried, not on the complaint heretofore litigated in Ontario County, but on the present complaint grounded solely on the charge of nonsupport since May 9, 1957. Plaintiff and defendant were married May 4, 1941. There is a daughter...

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