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SCHWARZ v. SCHWARZ

23 A.D.2d 859 (1965)

Luise Schwarz, Respondent, v. Berthold Schwarz, Appellant

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

May 3, 1965

Judgment and order reversed, without costs, and plaintiff's motion for summary judgment denied.

In our opinion, triable issues of fact are presented as to: (a) defendant's claim of cohabitation and reconciliation (cf. Zimtbaum v. Zimtbaum, 246 App. Div. 778, affd. 272 N.Y. 416; Peer v. Peer, 17 Misc.2d 380); and (b) whether defendant is entitled to credit for payments for a period of 28½ weeks on account of...

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