MILBANK v. MILBANK


36 A.D.2d 292 (1971)

Molly W. Milbank, Respondent, v. Samuel R. Milbank et al., Appellants

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

April 15, 1971.


Attorney(s) appearing for the Case

Richard L. Russell of counsel (Anthony F. Cilluffo with him on the brief; Hale & Russell, attorneys), for appellants.

Sidney Rothenberg of counsel (Rothenberg & Kalman, attorneys), for respondent.

McGIVERN, J. P., concurs in an opinion; McNALLY, J., dissents and votes to affirm for the reasons stated in the opinion of Mr. Justice SANDIFER at Trial Term.


KUPFERMAN, J.

Plaintiff Molly W. Milbank and defendant Samuel R. Milbank were married in 1934, and there are three adult issue. They entered into a separation agreement on June 29, 1967, amended February 1, 1968. In June, 1969, he made his first trip to Nevada. In July, he gave up his New York apartment and left for Nevada and started a divorce proceeding in Reno on August 12, 1969, receiving his divorce decree...

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