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GILBERT v. GILBERT

54 A.D.2d 726 (1976)

Peter Gilbert, Appellant, v. Shirley Gilbert, Respondent. (Action No. 1.) Shirley Gilbert, Respondent, v. Peter Gilbert, Appellant, et al., Defendant. (Action No. 2.)

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

October 18, 1976

First above-mentioned order reversed insofar as appealed from, without costs or disbursements, the matrimonial causes of action of appellant's complaint are severed from the cause of action to impress a trust, the latter cause of action is consolidated with Action No. 2, and the two actions are to proceed separately. Second above-mentioned order modified by adding thereto a provision to the effect that the counterclaim to recover money loaned to appellant is withdrawn from...

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