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BROWN v. BROWN

42 A.D.2d 698 (1973)

Marlon Brown, Appellant, v. Barbara Brown, Respondent. (Action No. 1.) Barbara Brown, Respondent, v. Marlon Brown, Appellant. (Action No. 2.)

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

July 2, 1973

Judgment and order reversed, insofar as appealed from, without costs; cross motion for summary judgment denied; and Action No. 3 ordered to be consolidated with Actions Nos. 1 and 2.

In our opinion, there were questions of fact which required the denial of summary judgment in Actions Nos. 1 and 2, and a trial of the issues raised. On such trial, all the differences between the parties should be resolved, including the issues raised in Action No. 3. Accordingly, while...

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