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TALLENT v. TALLENT

22 A.D.2d 988 (1964)

Charles H. Tallent, Respondent, v. Jean M. Tallent, Appellant

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

December 18, 1964

HAMM, J.

The defendant wife appeals from an order denying her motion to vacate and set aside an interlocutory judgment of divorce in favor of the plaintiff. Section 1153 of the Civil Practice Act, now section 171 of the Domestic Relations Law without change, provided: "the plaintiff is not entitled to a divorce, although the adultery is established: * * * 2. Where the offense charged has been forgiven by the...

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