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YATES v. YATES

58 A.D.2d 579 (1977)

Chester A. Yates, Appellant, v. Grace A. Yates, Respondent

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

June 6, 1977

Judgment affirmed, with costs.

We agree with the trial court that the plaintiff-appellant failed to establish such cruel and inhuman conduct by the defendant-respondent in this marriage of more than 30 years' duration as rendered "it unsafe or improper for the plaintiff to cohabit with the defendant" (see Domestic Relations Law, § 170, subd [1]; see, also, Hessen v Hessen, 33 N.Y.2d 406; Lebovic v Lebovic,

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