MATTER OF NICIT v. NICIT


160 A.D.2d 1197 (1990)

In the Matter of Ann M. Nicit, Respondent, v. John J. Nicit, Appellant

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

April 26, 1990


Casey, J.

Following dismissal of her action for divorce due to lack of proof, petitioner commenced this proceeding for spousal support and, after a hearing, she was awarded support in the amount of $25,000 per year, payable in equal monthly installments. On appeal, respondent maintains that the dismissal of petitioner's divorce action established that petitioner was not justified in moving out of the marital residence and was, therefore, guilty of abandonment...

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