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BOWLER v. BOWLER

46 Misc.2d 821 (1965)

Katherine Bowler, Plaintiff, v. Alfred T. Bowler et al., Defendants.

Supreme Court, Special Term, Albany County.

June 22, 1965

Attorney(s) appearing for the Case

Nathan G. Hand for defendants. Goldstein & Goldstein for plaintiff.

JOHN H. PENNOCK, J.

This is a motion by the defendant for a judgment dismissing the complaint on the grounds that the plaintiff is collaterally estopped from bringing this action and upon the further ground the complaint fails to state a cause of action. The motion was made pursuant to CPLR 3211 (subd. [a], pars. 5, 7).

The codefendants, Alfred T. Bowler and Pearl Dexter Bowler, were married on November 24, 1961. Prior thereto the plaintiff was...

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