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MIDDLETON v. MIDDLETON

35 A.D.2d 371 (1970)

Richard Middleton, Respondent, v. Agnes Middleton, Appellant

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

December 24, 1970.

Attorney(s) appearing for the Case

Cornelia McDougald of counsel (Ralph Accoo, attorney), for appellant.

Milton E. Ehrenreich for respondent.

CAPOZZOLI, P. J., McNALLY and TILZER, JJ., concur.

McGIVERN, J.

This appeal is from a judgment of the Supreme Court, Bronx County (LORETO, J.), dissolving the marriage between the parties solely "because of the cruel and inhuman treatment of the defendant against the plaintiff".

The record discloses the following: The plaintiff husband and defendant wife were married in Savannah, Georgia, in 1935; the plaintiff husband was communicably diseased on the...

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