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Dolan v. Dolan

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1940
259 App. Div. 1115 (N.Y. App. Div. 1940)

Opinion

July 2, 1940.

Appeal from Supreme Court, Broome County.

Present — Hill, P.J., Crapser, Bliss, Heffernan and Foster, JJ.


The first cause of action is to set aside a separation agreement. Defendant's position is that a separation action cannot be maintained while there is a valid separation agreement in existence. There is authority, however, which sanctions the joinder of two such causes of action. ( Landes v. Landes, 172 App. Div. 758; Zysman v. Zysman, 140 Misc. 617.) The modern trend of practice favors the joinder of actions wherever possible. The authorities cited by defendant deal with substantive questions and not with an issue of practice. Order appealed from unanimously affirmed, with costs.


Summaries of

Dolan v. Dolan

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1940
259 App. Div. 1115 (N.Y. App. Div. 1940)
Case details for

Dolan v. Dolan

Case Details

Full title:ELIZABETH M. DOLAN, Respondent, v. HARRY T. DOLAN, Appellant

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

Date published: Jul 2, 1940

Citations

259 App. Div. 1115 (N.Y. App. Div. 1940)

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