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KELLS v. KELLS

48 A.D.2d 881 (1975)

Max L. Kells, Appellant, v. Sharon K. Kells, Respondent

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

June 16, 1975

Upon consideration of the entire record, including the findings of fact, which have now been received, the judgment of March 4, 1974 is affirmed, without costs. No opinion.

Shapiro, J., dissents and votes to modify the judgment by granting a divorce to plaintiff, dismissing defendant's counterclaim for divorce and vacating the award of alimony, with the following memorandum:

In this matrimonial action, in which the plaintiff husband sought a divorce...

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