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PETRUCCI v. PETRUCCI

123 Misc.2d 925 (1984)

Donald A. Petrucci, Plaintiff, v. Sandra M. Petrucci, as Administratrix of The Estate of Marie Petrucci, Deceased, et al., Defendants.

Supreme Court, Erie County.

February 10, 1984

Attorney(s) appearing for the Case

Richard B. Scott for plaintiff. Falk & Siemer (Sheldon B. Benatovich of counsel), for defendants.

NORMAN J. WOLF, JR., J.

Plaintiff has moved this court for summary judgment upon the ground that there are no disputed issues of fact. Defendants have cross-moved to remove this action to the Surrogate's Court.

Plaintiff and the deceased, Marie Petrucci, were married in 1951. On July 22, 1960, they took title as husband and wife to a home located at 212 Davey Street. After trial, this court awarded Mrs. Petrucci a judgment of separation wherein...

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