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LOEB v. LOEB

4 N.Y.2d 542 (1958)

Eleanore M. Loeb, Appellant, v. William Loeb, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Alexander C. Dick, Clarence C. Meleney and Robert E. Engel for appellant.

Alexis C. Coudert and John W. Dougherty, III, for respondent.

Judges DYE, FULD, VAN VOORHIS and BURKE concur with Judge FROESSEL; Judge DESMOND dissents in an opinion in which Chief Judge CONWAY concurs.

FROESSEL, J.

Plaintiff and defendant were married in Connecticut on September 26, 1942. Defendant was then a resident of Vermont and plaintiff a resident of New York, though employed as an instructor in equitation and living at a school in Virginia. In 1944 the parties established their matrimonial domicile in the State of Vermont. There they spent all of their married life together, except that in June, 1951...

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