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PECK v. PECK

78 Misc.2d 207 (1974)

Walton R. Peck, Plaintiff, v. Ann N. Peck, Defendant.

Supreme Court, Monroe County.

June 7, 1974

Attorney(s) appearing for the Case

Beckerman, Davidson, Cook & Fink (S. Gerald Davidson of counsel), for plaintiff. Antell, Harris, Githler & Calleri (Angelo T. Calleri of counsel), for defendant.

JAMES H. BOOMER, J.

Plaintiff husband sues for divorce alleging that he has lived separate and apart from his wife for a period of one year pursuant to a court order "which said Order and Judgment consists of an Agreement and/or Decree of Separation." Defendant moves for summary judgment on the ground that the order referred to was not a decree of separation within the meaning of subdivision (5) of section 170...

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