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SUIB v. SUIB

195 A.D.2d 922 (1993)

602 N.Y.S.2d 562

Michael Suib, Appellant, v. Jeane Suib, Respondent

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

July 29, 1993

Levine, J.

In the procedural posture of this action at the time and in view of the then-unrefuted defense alleged in plaintiff's reply to defendant's second counterclaim for divorce, based upon the ground of living apart pursuant to a separation agreement, it was error for Supreme Court to have granted defendant judgment on that counterclaim (see, Matter of Fertig, 184 A.D.2d 1015).

Ordered that...

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