PHOENIX v. PHOENIX


41 A.D.2d 683 (1973)

William E. Phoenix, Respondent, v. Kathryn A. Phoenix, Appellant

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

February 27, 1973


The parties to the action, both over 50 years of age and previously married, were married on September 14, 1968. The defendant was employed from 9:00 A.M. to 5:00 P.M. each day and the plaintiff was employed evenings, their respective employments still continuing as of the time of trial. Soon after their marriage it became obvious that they were incompatible and they have lived apart since December of 1969. Each regards the marriage as traumatic and disruptive of tranquility...

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