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McCANN v. McCANN

156 Misc.2d 540 (1993)

593 N.Y.S.2d 917

Franklin McCann, Plaintiff, v. Brenda McCann, Defendant.

Supreme Court, New York County.

January 6, 1993

Attorney(s) appearing for the Case

Charles P. Gallo, New York City, for defendant. Ellenbogen & Goldstein, P. C., New York City (Joan Ellenbogen of counsel), for plaintiff.

DAVID B. SAXE, J.

The issue that I am asked to decide here is whether a man who marries with the express understanding that he will do all in his power to sire children with his wife, and then refuses to fulfill that promise, has acted so egregiously as to affect the manner in which the couple's assets are distributed upon their divorce.

At the outset of the trial of this matrimonial action, the defendant...

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