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DODD v. COLBERT

509950.

79 A.D.3d 1239 (2010)

911 N.Y.S.2d 712

KEVIN K. DODD, Appellant, v. CHERYL C. COLBERT, Respondent.

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

Decided December 2, 2010.

McCARTHY, J.

The parties were married in 2001 and separated in 2005. In 2008, plaintiff commenced this divorce action alleging constructive abandonment and cruel and inhuman treatment. After this Court dismissed some of defendant's affirmative defenses (Dodd v Colbert, 64 A.D.3d 982 [2009]), plaintiff moved to sever the grounds from all other issues and for partial summary judgment to dissolve the marriage on the ground...

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