LA PORTE v. LA PORTE


85 Misc.2d 1009 (1976)

Joseph La Porte, Plaintiff, v. Elaine La Porte, Defendant.

Supreme Court, Special Term, Queens County.

February 23, 1976


Attorney(s) appearing for the Case

Eugene A. Tomei for plaintiff. Portnoy & Rubin (Melvin Rubin of counsel), for defendant.


HAROLD HYMAN, J.

This action brought by the plaintiff husband is for a divorce (conversion) from the defendant, his wife. It is based upon a so-called separation agreement, a previously executed and filed written instrument.

The action is presently uncontested by the defendant wife who, although personally present at the trial represented by counsel and testified at the trial, withdrew her answer and counterclaim at the time of trial.

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