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O'CONNELL v. CORCORAN

1 N.Y.3d 179 (2003)

802 N.E.2d 1071

770 N.Y.S.2d 673

MAUREEN O'CONNELL, Respondent, v. ELLEN CORCORAN, as Executrix of JOHN J. O'CONNELL, Deceased, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Matthew J. Clyne, Albany, for appellant.

Friedman and Molinsek, P.C., Delmar (Michael P. Friedman of counsel), for respondent.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO and READ concur with Judge CIPARICK; Judge G.B. SMITH dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

In 1959, plaintiff Maureen O'Connell and now-deceased John J. O'Connell were married in New York.1 Eight children were born of the marriage, all currently emancipated. In 1982, plaintiff moved out of the marital residence and commenced a New York divorce action based on cruel and inhuman treatment. After trial, Supreme Court dismissed the action...

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