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GAZZILLO v. GAZZILLO

153 N.J. Super. 159 (1977)

379 A.2d 288

ELLEN GAZZILLO, PLAINTIFF, v. DENNIS GAZZILLO, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided October 3, 1977.

Attorney(s) appearing for the Case

Mr. Donald R. Conway for plaintiff.

Mr. Herbert Klitzner for defendant (Messrs. Lewis and DeClemente, attorneys).

LESTER, J.S.C.

This is an action for divorce based upon "extreme cruelty" as defined in N.J.S.A. 2A:34-2(c). The unusual facts of this case test the flexibility of the new Divorce Act, specifically the extent to which the second paragraph of the statute invokes "fault" or "no fault." The issue presented to this court is whether certain acts of defendant husband constitute "extreme cruelty" as defined in the statute, so as to justify plaintiff's petition for...

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