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VARIEUR v. VARIEUR

238 A.D.2d 931 (1997)

661 N.Y.S.2d 155

Johann M. Varieur, Respondent, v. R. Joseph Varieur, Sr., Appellant

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

April 25, 1997

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action seeking a divorce on the grounds of constructive abandonment and cruel and inhuman treatment and immediately moved for pendente lite relief. Supreme Court denied defendant's cross motion to dismiss the complaint on res judicata grounds (see, CPLR 3211 [a] [5]) and subsequent...

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