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ZACZEK v. ZACZEK

20 A.D.2d 902 (1964)

Bernard Zaczek, Respondent, v. Jean Zaczek, Also Known as Jean Jung, Appellant

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

April 6, 1964

Order, insofar as appealed from, reversed, without costs; and the words "on the merits" are directed to be deleted from the order.

As the learned Special Term neither determined nor considered the merits of the counterclaim, we are of the opinion that it should not have been dismissed on the merits (cf. Clark v. Scovill, 198 N.Y. 279; Weisinger v. Berfond, 11 A.D.2d 817, affd...

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