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DANN v. DANN

49 A.D.2d 1023 (1975)

Lucille Dann, Respondent, v. John Dann, Appellant. (Action No. 1.) John Dann, Appellant, v. Lucille Dann, Respondent. (Action No. 2.)

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

October 31, 1975

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

The wife respondent's action for a divorce and the husband appellant's action for rescission of the deed by which he transferred his half interest in the family residence to his wife were joined for trial, without consolidation, pursuant to CPLR 602 (subd [a]). The trial court's finding that "on several occasions during 1972 and 1973 John Dann...

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