ERCK v. ERCK


116 Misc.2d 113 (1982)

Phillip A. Erck, Plaintiff, v. Betty J. Erck, Defendant.

Supreme Court, Niagara County.

October 26, 1982


Attorney(s) appearing for the Case

Smith, Speranza, Pusateri, Tilney, Fitzgerald, Foltz & May (Robert Pusateri of counsel), for plaintiff. Amelia Muscato Sommer for defendant.


JOSEPH D. MINTZ, J.

This post-Equitable Distribution Law (EDL) action for divorce came before this court for trial on September 13, 1982. The complaint alleged acts of cruel and inhuman treatment, to which defendant responded by way of an answer containing affirmative defenses to plaintiff's action, but no counterclaim. In defendant's wherefore clause, defendant requested relief ancillary to the divorce action. At the close of plaintiff's proof on the...

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