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BARBERA v. BARBERA

83 A.D.2d 844 (1981)

Charles E. Barbera, Appellant, v. Kathy A. Barbera, Respondent

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

August 10, 1981

Order affirmed, insofar as appealed from, with $50 costs and disbursements.

The parties are directed to proceed to trial as expeditiously as possible. Plaintiff has not met his burden of proving that the parties' mental conditions are in controversy (see Koump v Smith, 25 N.Y.2d 287, 300). This is especially true where, as here, a matrimonial action is involved. There are no compelling...

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