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RODRIGUEZ v. RODRIGUEZ

40 A.D.2d 531 (1972)

Arlene V. Rodriguez, Appellant, v. Carlos A. Rodriguez, Respondent

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

July 5, 1972

Order affirmed, with $10 costs and disbursements.

Defendant, in moving to dismiss the complaint, did not deny the validity of the Arizona ex parte divorce and said he did not in any way rely upon it. Special Term, in granting the motion, stated, inter alia, that to grant the relief requested by plaintiff would circumvent the rule in Anello v. Anello (22 A.D.2d 694), which held that a partition action with respect to...

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