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GOLDENBERG v. GOLDENBERG

19 N.Y.2d 759 (1967)

Audrey Goldenberg, Respondent, v. Charles L. Goldenberg, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1967.

Attorney(s) appearing for the Case

David Kashman for appellant.

Irving I. Erdheim and Leonard C. Shalleck for respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.

Order affirmed, with costs, on the authority of Schneider v. Schneider (17 N.Y.2d 123). The question of whether the prior judgment in the arbitration confirmation proceeding was conclusive of the issue in the instant simplified procedure action was not properly before the court as defendant had not raised the affirmative defense...

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