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BROWNSTEIN v. BROWNSTEIN

25 A.D.2d 205 (1966)

Carol N. Brownstein, Respondent, v. Edward J. Brownstein, Appellant

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

March 29, 1966.

Attorney(s) appearing for the Case

Louis Spivack of counsel (Spivack, Schutzer & Mohr, attorneys), for appellant.

Richard A. Krauss of counsel (Sydney O. Perlman, attorney), for respondent.

BREITEL, J. P., RABIN and STEVENS, JJ., concur. VALENTE, J., deceased.

EAGER, J.

This action, which was brought by plaintiff wife for an absolute divorce, was dismissed by the trial court at the close of her case "for failure of proof with respect to the allegations of the complaint charging adultery". The trial court then denied plaintiff's motion to amend the pleadings to allege a cause of action for separation but held that he would "consider the case as one requiring an award...

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