SCULLY v. HAAR

CA 09-00494

67 A.D.3d 1331 (2009)

889 N.Y.S.2d 806

2009 NY Slip Op 08261

DANIEL J. SCULLY, Appellant, v. CAROL M. HAAR, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 13, 2009.


It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiff appeals from an order that granted defendant's motion to dismiss the complaint in this divorce action and denied plaintiff's cross motion for summary judgment seeking a divorce pursuant to Domestic Relations Law § 170 (6). We affirm. "No-fault divorce applies only where there is a previous decree of separation or a written separation agreement, as required by...

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