FAIRLEY v. FAIRLEY


75 A.D.2d 975 (1980)

Joseph K. Fairley, Appellant, v. Carol B. Fairley, Respondent

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

May 29, 1980


Plaintiff commenced the instant divorce action in November of 1978 on the ground of living separate and apart from his wife pursuant to a separation agreement executed and filed in May of 1976. Except for the allegation that he had "substantially performed all the terms and conditions of such agreement" (Domestic Relations Law, § 170, subd [6]), defendant's answer admitted the material elements of plaintiff's cause of action and she did not respond to his subsequent...

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