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KNOBEL v. KNOBEL

60 N.Y.2d 672 (1983)

Esther Knobel, Respondent, v. Paul Knobel, Appellant.

Court of Appeals of the State of New York.

Decided September 27, 1983.

Attorney(s) appearing for the Case

George Nager for appellant.

Joel R. Brandes for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Notwithstanding defendant's claim that plaintiff's true motive in seeking a discontinuance was to bring another action in which equitable distribution would be available, it was not improper for the Appellate Division to have granted the discontinuance with prejudice to the institution of a subsequent matrimonial action based on any conduct...

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