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LISCHYNSKY v. LISCHYNSKY

95 A.D.2d 111 (1983)

Jerry S. Lischynsky, Respondent-Appellant, v. Ola Lischynsky, Appellant-Respondent

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

August 4, 1983

Attorney(s) appearing for the Case

J. Raymond Fisher for appellant-respondent.

Robert W. Kahn, P. C. (Peter K. Levine of counsel), for respondent-appellant.

SWEENEY and KANE, JJ., concur with CASEY, J.; MAHONEY, P. J., and LEVINE, J., dissent and vote to reverse in an opinion by LEVINE, J.

CASEY, J.

The parties were married in 1976 and, in August, 1980, plaintiff commenced this action for divorce on the grounds of cruel and inhuman treatment. Defendant's answer consisted of a general denial. During the trial, the parties stipulated that defendant would amend her answer to include a counterclaim for divorce on the grounds of cruel and inhuman treatment, that each party would go forward with proof on his or her grounds for divorce and that...

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