BROWN v. BROWN


39 A.D.2d 540 (1972)

Lemuel R. Brown, Respondent, v. Addie Brown, Appellant

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

April 24, 1972


Unanimously reversed, on the law, the facts and in the exercise of discretion, without costs and without disbursements, the motion granted and the claims, causes of action and counterclaims of the respective parties severed and a prior trial directed of defendant's second counterclaim.

Defendant's second counterclaim seeks a divorce based upon the provisions of subdivision (5) of section 170 of the Domestic Relations Law and the fact that the parties have lived apart...

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