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De Vries v. De Vries

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1980
78 A.D.2d 867 (N.Y. App. Div. 1980)

Opinion

November 10, 1980


In an action for a divorce based on subdivision (5) of section 170 of the Domestic Relations Law, plaintiff appeals from an order of the Supreme Court, Nassau County, dated July 11, 1980, which denied his motion for summary judgment. Order reversed, on the law, without costs or disbursements, and motion granted. There is no triable issue as to plaintiff's substantial performance of the terms and conditions of the judgment of separation (see Vitale v. Vitale, 37 A.D.2d 963; Schacht v Schacht, 32 A.D.2d 201). Lazer, J.P., Gibbons, Gulotta and Cohalan, JJ., concur.


Summaries of

De Vries v. De Vries

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1980
78 A.D.2d 867 (N.Y. App. Div. 1980)
Case details for

De Vries v. De Vries

Case Details

Full title:WILLIAM H. DE VRIES, Appellant, v. MARIE A. DE VRIES, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 10, 1980

Citations

78 A.D.2d 867 (N.Y. App. Div. 1980)

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