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MacKAY v. MacKAY

279 A.D. 350 (1952)

Jane H. MacKay, Respondent, v. William E. MacKay, Appellant

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

January 29, 1952.

Attorney(s) appearing for the Case

Francis S. Bensel of counsel (W. Frederick Knecht with him on the brief; Rathbone, Perry, Kelley & Drye, attorneys), for appellant.

John F. Finn, Jr., of counsel (Leon Silverman with him on the brief; Riegelman, Strasser, Schwarz & Spiegelberg, attorneys), for respondent.

GLENNON, J. P., concurs with COHN, J.; DORE, J., concurs in part, in opinion; CALLAHAN, J., dissents, in part, in opinion in which SHIENTAG, J., concurs.

COHN, J.

The parties were married on June 4, 1938. There are two sons, issue of the marriage, one twelve and a half years of age and the other seven and a half. Difficulties arose between husband and wife and in June, 1946, the wife commenced an action for separation against the husband. During its pendency the parties entered into a separation agreement which, insofar as material, provided for plaintiff's custody...

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