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MILTEER v. MILTEER

43 A.D.2d 741 (1973)

Rodger Milteer, Respondent, v. Marie Milteer, Appellant

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

December 31, 1973

Judgment reversed, on the law and the facts, with costs, and complaint dismissed.

In our opinion, plaintiff should not have been granted a divorce merely upon the allegation and proof that the parties had been living apart for more than one year after the entry of a prior judgment of separation. The statute requires that plaintiff submit satisfactory proof that he has "substantially performed" all of his obligations fixed...

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