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GADEN v. GADEN

29 N.Y.2d 80 (1971)

Dorothy J. Gaden, Respondent, v. Elmer L. Gaden, Jr., Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 10, 1971.

Attorney(s) appearing for the Case

Ira M. Hariton and Frederick Fagelson for appellant.

Van B. Kruchten for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN and GIBSON concur with Judge JASEN; Judge BREITEL dissents and votes to affirm in a separate opinion in which Judge BURKE concurs.

JASEN, J.

This appeal brings up for review the scope of applicability of section 80-b of the Civil Rights Law.1

The parties to this appeal were married in 1953 and divorced on May 20, 1960. In July of 1960, they resumed living together with the expectation that they would ultimately remarry. They continued to live together, without remarrying, until the spring of 1962, when...

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