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GOLDING v. GOLDING

176 A.D.2d 20 (1992)

Raizie Golding, Respondent, v. David Golding, Appellant

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

February 18, 1992

Attorney(s) appearing for the Case

Richard J. Kurtz of counsel (D'Addario & Kurtz, attorneys), for appellant.

Elaine Rudnick Sheps of counsel (Valerie Porter with her on the brief; Rudnick & Sheps, attorneys), for respondent.

ELLERIN and ASCH, JJ., concur with MILONAS, J. P.; KUPFERMAN, J., dissents in part in a separate opinion.

MILONAS, J. P.

Plaintiff instituted this action for divorce on the ground of cruel and inhuman treatment. Defendant served an answer alleging that the complaint failed to state a cause of action and that the parties' differences had been resolved in a separation agreement produced through rabbinical arbitration. Plaintiff moved to dismiss these defenses and defendant cross-moved for summary judgment. In granting...

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