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O'CONNELL v. O'CONNELL

290 A.D.2d 774 (2002)

736 N.Y.S.2d 728

MAUREEN O'CONNELL, Respondent, v. JOHN J. O'CONNELL, Appellant.

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

Decided January 17, 2002.

Spain, J.

Plaintiff and defendant were married in 1959 and have eight children, all of whom are emancipated. In 1982, the parties separated and plaintiff commenced an action for divorce alleging cruel and inhuman treatment. Following a trial, Supreme Court (Williams, J.) dismissed the action—on defendant's motion —for failure of proof and this Court affirmed (O'Connell v O'Connell, 116 A.D.2d 823). On December...

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