Page 499 - WhyAsInY
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sinGleD; out
11. The defendant spent weeks leaving and entering his office and home, using evasive tactics, but the game ultimately ended when the process server caught him.
12. So now the plaintiff has to attempt to state grounds upon which a judge could legally grant a divorce to her in New York, and here they are:
A. Although defendant has not abandoned plaintiff (his move to New York was the subject of an agreement), has not committed adultery without consent, and has not been imprisoned for three or more years, and although there is no judgment of separation or living apart pursuant to a written Separation Agreement for more than one year, defendant is, as it is easy to see, Your Honor, Harvey J. Yaverbaum, who, as everyone knows, is guilty of being a neurotic Jewish man, which constitutes cruel and inhuman treatment to plaintiff, a very nice person.
B. There is no b.
13. Even though defendant must admit that he is in fact Harvey J. Yaverbaum and that he has always acted like Harvey J. Yaverbaum, he states that he makes this admission under compulsion, and asks, “What’s the big gedilla?” Accordingly, neither purported ground 12(a) nor purported ground 12(b) (oh, yeah, there is no ground 12(b)) is sufficient under New York law to permit a Non-Consensual Judgment of Divorce.
14. So, in time, plaintiff agreed to a radius provision in the Separation Agreement and further agreed that defendant was in fact entitled to an economic interest in the house and to live in an abode that is not a garret.
15. Plaintiff and defendant have therefore agreed to
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