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TOPILOW v. PELTZ

43 Misc.2d 947 (1964)

Irving A. Topilow, Plaintiff, v. Ellen C. Peltz et al., Defendants.

Supreme Court, Special Term, Nassau County.

June 11, 1964

Attorney(s) appearing for the Case

Garrell & Garrell for plaintiff. Scaduto, Baratta & Solleder for defendants.

FRANK A. GULOTTA, J.

In this action for the partition of realty (first cause of action) and partition of personalty (second cause of action) we have to do with only the first cause, in which both parties move for summary judgment.

It appears that plaintiff who was formerly married to defendant, Ellen C. Peltz, procured a Nevada decree of divorce without personal service or appearance by her and thereafter remarried.

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