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NEWBURGER v. NEWBURGER

17 A.D.2d 968 (1962)

Ann B. Newburger, Appellant, v. Andrew M. Newburger, Respondent

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

November 13, 1962

Judgment, insofar as appealed from, affirmed, without costs.

No opinion.

Hopkins, J., dissents and votes to reverse the judgment, to dismiss the counterclaim for annulment and to remit the action for trial of plaintiff's cause of action for separation, with the following memorandum:

In October, 1955, plaintiff's first husband obtained a decree of divorce from her in the State of Nevada. Thereafter, on December 30, 1955, the plaintiff married...

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