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THORNE v. THORNE

66 A.D.2d 397 (1979)

Robert Thorne, Appellant-Respondent, v. Mignon Thorne, Respondent-Appellant

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

February 6, 1979

Attorney(s) appearing for the Case

Burton I. Monasch of counsel (Arnold C. Stream and Robert G. Smith with him on the briefs; Monasch Chazen & Stream, attorneys), for appellant-respondent.

Irving I. Erdheim of counsel (Leonard C. Shalleck with him on the brief; Erdheim, Shalleck & Frank, attorneys), for respondent-appellant.

KUPFERMAN, J. P., BIRNS, EVANS and LUPIANO, JJ., concur.

MARKEWICH, J.

Plaintiff had instituted suit against his wife, primarily for divorce on the ground of cruelty, with a second cause seeking to impress a trust upon certain real estate held in the wife's name; she counterclaimed, seeking divorce or separation on several grounds, and related relief. At trial, he withdrew his divorce cause, and proceeded to prosecute his equitable cause. After trial, she was granted...

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