NEWKIRK v. NEWKIRK


212 A.D.2d 951 (1995)

622 N.Y.S.2d 831

Russell E. Newkirk, Appellant, v. Martha Newkirk, Respondent

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

February 23, 1995


Mikoll, J.

Plaintiff sued defendant for divorce alleging cruel and inhuman treatment. After a trial, an order and judgment were entered dismissing plaintiff's complaint and, thereafter, a corrected order and judgment of dismissal was entered.

Plaintiff and defendant were married in 1982 and have three minor issue of the marriage. Plaintiff commenced this action in 1990 but continued to cohabit with defendant until 1992. The allegations of cruel...

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