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PEARSON v. PEARSON

81 A.D.2d 291 (1981)

Emily Pearson, Respondent, v. Samuel M. Pearson, Appellant

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

June 29, 1981

Attorney(s) appearing for the Case

Raphael Persky for appellant.

Monasch Chazen & Stream (Burton I. Monasch, Arnold C. Stream and Steven S. Spira of counsel), for respondent.

MOLLEN, P. J., COHALAN, MARGETT and O'CONNOR, JJ., concur.

Per Curiam.

This appeal concerns section 170-a of the Domestic Relations Law, and, more specifically, the circumstances under which a spouse may be deemed to have "impliedly waived", within the meaning of subdivision d of that section, the economic and property rights of which she was deprived by virtue of a decree of divorce having been obtained against her under the provisions of subdivision (5) of section 170 of the Domestic Relations Law.

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