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HERBERT H. LEVESS, Respondent, v. EDITH B. LEVESS, Appellant.

Order entered October 19, 1966 denying defendant's motion to dismiss the complaint for lack of jurisdiction of the subject matter, unanimously reversed on the law, with $50 costs and disbursements to the appellant and the complaint dismissed on the authority of Magowan v. Magowan ( 45 Misc.2d 972, affd. 24 A.D.2d 840, revd. 19 N.Y.2d 296).

Concur — Botein, P.J., Stevens, Tilzer, McNally and McGivern, JJ.

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LEVESS v. LEVESS
(Apr 27, 1967)