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GIUSTINIANI v. GIUSTINIANI

278 A.D.2d 609 (2000)

719 N.Y.S.2d 139

DOMENICA GIUSTINIANI, Appellant, v. DAVID GIUSTINIANI, Respondent.

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

Decided December 14, 2000.

Mugglin, J.

Supreme Court granted defendant's motion to dismiss plaintiff's complaint at the close of her proof in this action to set aside a separation agreement. Commencing in 1978, the parties lived together in a home owned by plaintiff, with her two sons from a previous marriage. In 1979, upon learning that plaintiff was pregnant with their daughter, defendant moved out. Also, in 1979, plaintiff gave the Ulster County...

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