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SWANSON v. SWANSON

52 N.Y.2d 1004 (1981)

Irene A. Swanson, Appellant, v. Robert E. Swanson, Respondent.

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Gary N. Weintraub for appellant.

Darrin Berger for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the case remitted to Supreme Court, Suffolk County, for a hearing.

We agree with the Appellate Division that, on the record as it now stands, it was established that plaintiff was responsible for payment of the taxes at issue. However, since Supreme Court decided the matter on a...

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