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SCHINE v. SCHINE

31 N.Y.2d 113 (1972)

Patricia C. Schine, Respondent, v. C. Richard Schine, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1972.

Attorney(s) appearing for the Case

Richard H. Wels for appellant.

Hyman Krugman for respondent.

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

BREITEL, J.

In an action by a wife for a separation, defendant husband appeals pursuant to CPLR 5601 (subd. [d]) from a judgment, entered after an order of the Appellate Division, dismissing his counterclaim for a divorce, and directing support for the wife. The issue, factual in nature, is whether the wife abandoned her husband.

After a trial in the Supreme...

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