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BRODER v. BRODER

91 A.D.2d 302 (1983)

Jane Broder, Respondent, v. Alvin Broder, Appellant

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

January 27, 1983

Attorney(s) appearing for the Case

Robert Z. Dobrish of counsel (Robert A. Goldschlag with him on the brief; Hoffinger, Friedland & Roth, attorneys), for respondent.

Leonard C. Shalleck of counsel (Erdheim, Shalleck & Frank, attorneys), for appellant.

MURPHY, P. J., ROSS and LYNCH, JJ., concur with KASSAL, J.; BLOOM, J., dissents in an opinion.

KASSAL, J.

The issue presented is whether a matrimonial action commenced prior to July 19, 1980 is still alive on that date for purposes of determining the plaintiff's entitlement to seek equitable distribution relief in a subsequent divorce action.

On May 22, 1979, plaintiff, by her attorney, served a summons, with a notice, upon the defendant. On May 31, 1979, defendant's attorney served a notice of appearance and a demand for a complaint. The...

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