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PHILLIPS v. PHILLIPS

70 A.D.2d 30 (1979)

Frances Phillips, Appellant, v. Robert W. Phillips, Respondent

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

August 13, 1979

Attorney(s) appearing for the Case

Melvin Smith (Benjamin Hirsh of counsel), for appellant.

Keegan, Keegan, Hecker & Tully, P. C. (Andrew W. Tully, Jr., of counsel), for respondent.

TITONE, MARGETT and MANGANO, JJ., concur.

HOPKINS, J. P.

The plaintiff on June 21, 1977 sued for divorce on the ground of cruel and inhuman treatment. Just prior to the trial the defendant moved to amend his answer to allege a counterclaim for divorce on the ground of abandonment by the plaintiff for more than one year. The affidavit of the defendant in support of the motion stated that the plaintiff had left their home on March 11, 1977; the defendant...

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