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Sherman v. Sherman

7 N.Y.2d 1032 Court N.Y. Decision date 1960-03-31 English

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p. 1032
Alicia L. Sherman, Appellant, v. Leonard Sherman, Respondent.
Argued February 29, 1960;
decided March 31, 1960.
p. 1033
Paul Englander for appellant.
Irving Moldauer and Daniel Cohen for respondent.

Judgment affirmed, without costs; no opinion.

p. 1034
Concur: Judges Dye, Froessel, Van Voorhis and Foster. Chief Judge Desmond and Judges Fuld and Bubke dissent from so much of the judgment as grants defendant a separation on his counterclaims and vote to reverse the judgment to that extent and to dismiss defendant’s counterclaims upon the ground that the record fails to establish cruel and inhuman treatment of defendant by plaintiff. (See, e.g., Russ v. Russ, 4 F Y 2d 743, affg. 3 A D 2d 888 .)

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