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BRODER v. BRODER

59 N.Y.2d 858 (1983)

Jane Broder, Respondent, v. Alvin Broder, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1983.

Attorney(s) appearing for the Case

Leonard C. Shalleck for appellant.

Robert Z. Dobrish for respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, and the question certified answered in the affirmative. No complaint or responsive pleading ever having been served or filed in the action commenced in 1979, plaintiff was within her rights to discontinue that action by notice. (CPLR 3217, subd [a], par 1; Battaglia v Battaglia, 59 N.Y.2d 778

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