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KAPLAN v. KAPLAN

31 A.D.2d 247 (1969)

Sol Kaplan, Respondent, v. Eleanor Kaplan, Appellant

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

January 20, 1969.

Attorney(s) appearing for the Case

Ira Sacks for appellant.

Joseph L. Forscher for respondent.

CHRIST, Acting P. J., HOPKINS, BENJAMIN and MUNDER, JJ., concur.

BRENNAN, J.

The question we are called upon to determine is whether subdivision (2) of section 170 of the Domestic Relations Law, which became effective on September 1, 1967, is retroactive so as to permit a plaintiff to maintain an action for absolute divorce based on abandonment of the plaintiff by the defendant for a period of more than two years prior to the commencement of the action but less than two...

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