WERNER v. WERNER


55 A.D.2d 735 (1976)

Robert Werner, Appellant, v. Phyllis Werner, Respondent

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

December 9, 1976


In a matrimonial action, the defendant withdrew her answer and counterclaim during trial and plaintiff obtained a divorce on the ground of her cruel and inhuman treatment of him. Among other things, the decree awarded custody of their two minor children to the defendant, together with weekly support payments of $25 for each, and granted defendant "the right to remain in the marital domicile until it is sold." No appeal was taken by defendant. However, less than two months...

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