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ROSENSTIEL v. ROSENSTIEL

20 A.D.2d 71 (1963)

Lewis S. Rosenstiel, Respondent, v. Susan L. Rosenstiel, Appellant. (And Two Other Actions.)

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

December 12, 1963.

Attorney(s) appearing for the Case

Walter S. Beck of counsel (Louis Nizer, Walter S. Beck and Simon Rose on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for appellant.

Roy M. Cohn of counsel (Joel S. Stern and John A. Vassallo with him on the brief; Saxe, Bacon & O'Shea, attorneys), for respondent.

BOTEIN, P. J., BREITEL and RABIN, JJ., concur with EAGER, J.; STEUER, J., concurs in result in opinion.

EAGER, J.

A summary proceeding, instituted by service of a copy of a precept and petition, was brought by the petitioner (plaintiff here in the consolidated action) in the Civil Court of the City of New York to remove his wife from the residence premises owned by him and formerly occupied by the parties as their marital home. The petition alleged that the plaintiff was the owner and in possession of the premises; that the plaintiff and respondent (defendant...

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