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CHAVEZ v. CHAVEZ

53 A.D.2d 593 (1976)

Susan Chavez, Respondent, v. Robert Chavez, Appellant

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

June 29, 1976

The proof on trial was insufficient to support the allegations of the complaint as to cruel and inhuman treatment. (Hessen v Hessen, 33 N.Y.2d 406.) The counterclaim is entitled to the same consideration as the complaint. (Loving v Loving, 53 A.D.2d 573.) It may very well be shown that dual divorce or no divorce would be justified. Further, custody was automatically awarded to the mother...

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