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MARTIN v. MARTIN

74 A.D.2d 419 (1980)

George B. Martin, Jr., Respondent-Appellant, v. Sandra A. Martin, Appellant-Respondent Sandra A. Martin, Appellant-Respondent, v. George B. Martin, Jr., Respondent-Appellant

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

May 23, 1980

Attorney(s) appearing for the Case

Koren, Bertell & Hoey (John T. Bertell of counsel), for appellant-respondent.

Ellis, Kustell & Mullenhoff (Carl B. Kustell of counsel), for respondent-appellant.

SCHNEPP, CALLAHAN, DOERR and MOULE, JJ., concur.

SIMONS, J. P.

Plaintiff George Martin has been granted a divorce based upon his wife's adultery and her cruel and inhuman treatment. The court also awarded him custody of the children of the marriage. In a countersuit (resolved in the same judgment) Sandra Martin was granted a divorce on the grounds of her husband's cruelty and in that action the court found the separation agreement between the parties "unfair...

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