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VICZIAN v. VICZIAN

64 A.D.2d 593 (1978)

Suzanna Viczian, Appellant, v. Antal Viczian, Respondent

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

July 20, 1978

The actions of neither party constitute sufficient grounds to grant either the divorce sought by the husband for cruel and inhuman treatment or the separation sought by the wife for abandonment. Trial Term properly dismissed the wife's separation action. Although the parties are clearly and irrevocably incompatible "the application of the cruel and inhuman treatment ground to every `dead marriage' would * * * seem unwarranted" (Hessen v Hessen, 33...

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