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CARDY v. CARDY

23 A.D.2d 117 (1965)

Hilda M. Cardy, Respondent, v. Vernon G. Cardy, Appellant

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

May 4, 1965.

Attorney(s) appearing for the Case

Lester Kissel of counsel (Arthur Brooks and Henry V. Kensing with him on the brief; Meyer, Kissel, Matz & Seward, attorneys), for appellant.

Edmund C. Burke of counsel (Maxwell & Burke, attorneys), for respondent.

McNALLY and STEVENS, JJ., concur with STALEY, JR., J., in opinion; BREITEL J. P., dissents in opinion in which EAGER, J., concurs.

STALEY, JR., J.

This is an appeal from an order dismissing defendant's first affirmative defense of res judicata and his second affirmative defense of Statute of Limitations upon the merits after a trial of those issues before the court below.

The plaintiff and defendant were married in the Province of Ontario on April 29, 1916 and their marriage was dissolved by an act of Parliament passed on...

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