GARGUILIO v. GARGUILIO


122 A.D.2d 105 (1986)

Thomas Garguilio, Respondent, v. June Garguilio, Appellant

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

July 14, 1986


Order reversed, on the law, with costs, motion granted, and complaint dismissed.

In order to establish a cause of action for divorce on the basis of living separate and apart pursuant to a separation agreement for one or more years, the agreement must be "subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded" (Domestic Relations Law § 170 [6]; Cicerale v Cicerale, 54 A.D.2d 921...

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