PLANCHER v. PLANCHER


35 A.D.2d 417 (1970)

Herman Plancher, Respondent-Appellant, v. Ruth Plancher, Appellant-Respondent

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

December 28, 1970.


Attorney(s) appearing for the Case

Morris H. Halpern (Abraham J. Heller of counsel), for appellant-respondent.

H. Leonard King for respondent-appellant.

CHRIST, P. J., MUNDER, MARTUSCELLO and BRENNAN, JJ., concur.


HOPKINS, J.

Two principal questions emerge from these cross appeals in an action for divorce based on the separation of the parties for more than two years following a decree of separation (Domestic Relations Law, § 170, subd. [5]). First, whether the statute authorizing a divorce on that ground is constitutional in the face of the rights of the defendant as a tenant by the entirety of what had been the...

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