BERMAN v. BERMAN


72 A.D.2d 425 (1980)

Eli Berman, Appellant-Respondent, v. Sheva Berman, Respondent-Appellant

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

February 14, 1980


Attorney(s) appearing for the Case

J. Anthony Burton of counsel (Bobrow Greenapple Burton Distler & Midler, attorneys), for appellant-respondent.

Roy M. Cohn of counsel (Howard F. Husum with him on the briefs; Saxe, Bacon & Bolan, P. C., attorneys), for respondent-appellant.

BLOOM, ROSS and YESAWICH, JJ., concur with FEIN, J. P.; SILVERMAN, J., dissents in part in an opinion.


FEIN, J. P.

The parties separated in 1975, pursuant to agreement, after 30 years of marriage. They have lived separate and apart since then. Plaintiff husband appeals from denial of summary judgment converting the separation agreement to a divorce under subdivision (6) of section 170 of the Domestic Relations Law. Defendant wife cross-appeals from denial of her motion to renew argument on the granting of plaintiff...

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