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SENGSTACK v. SENGSTACK

4 N.Y.2d 502 (1958)

Mildred E. Sengstack, Respondent, v. John F. Sengstack, Appellant.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Milton Schilback for appellant.

E. Gayle McGuigan for respondent.

Arthur Karger, special guardian, for Mildred E. Sengstack, respondent.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL and BURKE concur with Judge DESMOND; Judge VAN VOORHIS votes to reverse and to dismiss upon the dissenting opinion of PECK, P. J., and BOTEIN, J., in the Appellate Division.

DESMOND, J.

In this separation suit brought by wife against husband the wife moved for temporary alimony and counsel fees and the husband cross-moved to dismiss the complaint for lack of jurisdiction, lack of standing to bring the action and failure to state a cause of action. Special Term made an order which denied defendant's motion, awarded plaintiff temporary alimony of $300 a week, directed the payment of...

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