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RUBENSTEIN v. RUBENSTEIN

130 A.D.2d 567 (1987)

Bernard Rubenstein, Appellant, v. Marilyn Rubenstein, Respondent

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

May 11, 1987

Ordered that the order is affirmed, with costs.

The defendant's motion for summary judgment was properly granted since the plaintiff failed to set forth evidentiary facts sufficient to support his claim (see, Zuckerman v City of New York, 49 N.Y.2d 557). Furthermore, the plaintiff's action is barred by laches because the plaintiff knew or should have known of the divorce and chose to do nothing for 15 years, and the...

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