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in support of Hermine’s position, while reserving his rights to
assess deficiencies against her.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulation of facts, together with the exhibits attached
thereto, is incorporated herein by this reference. Hermine
resided in New York, New York, and Harvey had a legal address in
Staten Island, New York, at the time their petitions were filed.
Hermine and Harvey were married on July 5, 1954. In or
around December 1987, petitioners separated due to marital
difficulties. At this time, Hermine moved out of the house they
had shared on Emerson Drive, Staten Island, New York (marital
home), and stayed with various friends from December 1987 until
June or July 1988. At some point in 1988, Hermine commenced an
action for divorce in the Supreme Court of the State of New York.
Hermine engaged an attorney, Charles Moser, to handle the divorce
proceedings and property settlement and to negotiate a place for
her to live in the interim. Harvey engaged an attorney, Irvin
Rosenthal, to handle the divorce proceedings and property
settlement as well as any interim matters.
On April 1, 1988, Mr. Rosenthal sent a letter to Mr. Moser
(April 1 letter). Clearly marked as “PRIVILEGED AND CONFIDENTIAL
AND WITHOUT PREJUDICE”, the letter states:
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