BROWN v. BROWN


82 Misc.2d 215 (1975)

Robert Brown, Plaintiff, v. Betty Brown, Defendant.

Supreme Court, Monroe County.

May 23, 1975


Attorney(s) appearing for the Case

Donald E. Grossfield for plaintiff.


ROBERT P. KENNEDY, J.

Plaintiff, here, seeks a divorce from defendant by default under subdivision (2) of section 170 of the Domestic Relations Law. The theory under which plaintiff seeks recovery presents a novel twist. The parties were married in 1954. In 1955 plaintiff was convicted of a crime and was in a State prison from either 1955 (according to his complaint) or 1959 (according to his testimony) until 1969.

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