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DE MARCO v. DE MARCO

73 A.D.2d 28 (1980)

Grace De Marco, Respondent, v. Louis De Marco, Appellant

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

March 6, 1980

Attorney(s) appearing for the Case

Joseph D. Errico (Emanuel Thebner of counsel), for appellant.

Jacob Spatz and Alford & Lynes for respondent.

MAHONEY, P. J., SWEENEY, STALEY, JR., and CASEY, JJ., concur.

HERLIHY, J.

The appellant was first married in 1946 and in 1953 obtained a Mexican divorce which he now seeks to have declared invalid. Thereafter he was married a second time and subsequently divorced.

In November, 1963 he married the respondent and thereafter a child was born of the union. In 1974 the respondent sued appellant for a divorce and he attempted unsuccessfully to have his Mexican divorce...

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