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RIOS v. RIOS

34 A.D.2d 325 (1970)

Tomas Rios, Respondent, v. Isabel V. Rios, Appellant

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

June 18, 1970.

Attorney(s) appearing for the Case

Kalman Finkel of counsel (Diana D. DuBroff with him on the brief), for appellant.

Frederick J. Miller of counsel (Samuel Friedlander with him on the brief), for respondent.

McGIVERN, J. P., and TILZER, J., concur with McNALLY, J.; MARKEWICH, J., dissents in opinion.

McNALLY, J.

In this action for divorce, the defendant wife appeals from a judgment which granted plaintiff husband a divorce pursuant to subdivision (1) of section 170 of the Domestic Relations Law, as amended.

Section 170 of the Domestic Relations Law reads as follows:

"An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the...

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