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MAGUIRE v. MAGUIRE

45 A.D.2d 98 (1974)

Sheila Maguire, Respondent, v. Thomas A. Maguire, Appellant

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

June 6, 1974.

Attorney(s) appearing for the Case

Lyons & Duncan (E. David Duncan of counsel), for appellant.

John J. Cavanaugh, Jr., for respondent.

COOKE, SWEENEY and KANE, JJ., concur with MAIN, J.; HERLIHY, P. J., concurs in a separate opinion.

MAIN, J.

This is an appeal from an order of the Supreme Court at Special Term entered August 9, 1973 in Albany County, which granted plaintiff's motion for summary judgment and from the judgment entered thereon.

The opposing parties on this appeal were previously domiciled in the State of Rhode Island and living there as man and wife when, in November of 1970, defendant commenced an action for divorce...

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