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TABIB v. TABIB

56 A.D.3d 460 (2008)

867 N.Y.S.2d 482

BATSHEVA TABIB, Appellant, v. GAVRIEL TABIB, Respondent.

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

Decided November 5, 2008.

Ordered that the order is affirmed, with costs.

The first cause of action is for a divorce based upon cruel and inhuman treatment. However, notwithstanding that the plaintiff pleaded in general terms a continuous course of conduct which, if proven, would entitle her to a divorce on the theory advanced (see Harari v Harari, 234 A.D.2d 421 [1996]; Smith v Smith,

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