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ROTH v. ROTH

74 Misc.2d 135 (1973)

Norman R. Roth, Plaintiff, v. Frances M. Roth, Defendant.

Supreme Court, Special Term, Nassau County.

June 4, 1973

Attorney(s) appearing for the Case

Russ, Weyl & Levitt (Jeffrey Levitt of counsel), for defendant. English, Cianciulli, Reisman & Peirez (John M. Armentano of counsel), for plaintiff.

BERTRAM HARNETT, J.

This appears to be the first recorded case in New York in which a suing husband is denied a divorce decree on the grounds that he has not "substantially performed all the terms and conditions" of a separation decree of requisite age.

It comes about in an action for divorce brought by Norman R. Roth where his wife, Frances M. Roth, moves pursuant to subdivision (d) of CPLR 3212 for...

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