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SACKS v. SACKS

33 A.D.2d 802 (1969)

Melvin Sacks, Appellant, v. Alvia Sacks, Respondent

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

December 22, 1969

Order reversed, on the law, without costs; defendant's motion denied; and partial summary judgment granted in favor of plaintiff dismissing the affirmative defense of res judicata contained in defendant's answer.

On October 7, 1968 plaintiff commenced this action for divorce on the ground that defendant had abandoned him for a period of two or more years commencing August 16, 1963 (cf. Domestic Relations Law, §...

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