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KAZIN v. KAZIN

161 N.J. Super. 174 (1978)

391 A.2d 536

CLARA KAZIN, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. MICHAEL KAZIN, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 1978.

Attorney(s) appearing for the Case

Mr. Robert Diamond argued the cause for appellant (Messrs. Diamond, Grossman, Pitman & Anzaldi, attorneys).

Mr. Seymour Margulies argued the cause for respondent (Messrs. Brigadier & Margulies, attorneys; Mr. Jack Jay Wind on the brief).

Before Judges LORA, SEIDMAN and MILMED.

The opinion of the court was delivered by SEIDMAN, J.A.D.

This appeal presents the question of whether, on the facts of this case, plaintiff, who married defendant after obtaining a Mexican divorce from her husband, is barred by existing law from maintaining an action for divorce against defendant based in part on his alleged desertion, or, in the alternative, for separate maintenance. The trial judge issued a letter opinion in which he

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