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LOWINGER v. LOWINGER

303 A.D.2d 723 (2003)

757 N.Y.S.2d 323

KAY LOWINGER, Also Known as KYUNG S. LOWINGER, Appellant, v. LOUIS LOWINGER, Respondent.

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

Decided March 31, 2003.

Ordered that the appeal from so much of the order and judgment as failed to determine the plaintiff's motion, inter alia, to strike the defendant's answer is dismissed as that motion is pending and undecided (see Katz v Katz, 68 A.D.2d 536 [1979]); and it is further,

Ordered that the judgment is modified, on the law, by deleting the decretal paragraph thereof denying the plaintiff's request for maintenance; as so modified...

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