SHAPIRO v. SHAPIRO


59 Misc.2d 412 (1969)

Daniel Shapiro, Plaintiff, v. Gloria Shapiro, Defendant.

Supreme Court, Special Term, New York County.

March 7, 1969


Attorney(s) appearing for the Case

Erdheim & Shalleck (Irving I. Erdheim, Michael F. Erdheim and Howard L. Bass of counsel), for defendant. Rothenberg & Atkins (Sidney Rothenberg and Michael B. Atkins of counsel), for plaintiff.


HARRY B. FRANK, J.

Defendant wife moves to dismiss this action for divorce brought by plaintiff husband pursuant to subdivision (5) of section 170 of the Domestic Relations Law which, in its present form, provides that an action for divorce may be maintained by a husband or wife on the ground that "the husband and wife have lived apart pursuant to a decree or judgment of separation for a period of two years...

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