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LOWE v. LOWE

28 A.D.2d 212 (1967)

Miriam Lowe, Respondent-Appellant, v. Edwin S. Lowe, Appellant-Respondent

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

October 31, 1967.

Attorney(s) appearing for the Case

Irving I. Erdheim of counsel (Leonard C. Shalleck and Robert Tlumak with him on the brief; Erdheim & Armstrong & Shalleck, attorneys), for appellant-respondent.

Roy M. Cohn of counsel (Robert S. Cohen with him on the brief; Saxe, Bacon & Bolan, attorneys), for respondent-appellant.

STEVENS, J. P., and CAPOZZOLI, J., concur with TILZER, J.; McNALLY, J., dissents in opinion, in which EAGER, J., concurs.

TILZER, J.

Defendant appeals from a judgment of the Supreme Court in favor of the plaintiff entered May 18, 1967 in New York County, upon a decision of the court at a Special and Trial Term, without a jury, decreeing that the plaintiff be separated from the defendant and that defendant pay for support and maintenance the sum of $600 per week commencing September 26, 1966 and a counsel fee of $8,000. Plaintiff...

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