Boelsen v. Boelsen

Appellate Division of the Supreme Court of New York

Boelsen v. Boelsen

259 A.D. 844, 20 N.Y.S.2d 406, 1940 N.Y. App. Div. LEXIS 6949

Appellate Division of the Supreme Court of the State of New York·Decided April 19, 1940·No. Appeal No. 2·Published

Opinion

In an action for divorce, in which the defendant counterclaimed for a separation, judgment dismissing the complaint on the merits and granting a separation on the defendant’s counterclaim, and order denying, plaintiff’s motion for a new trial, affirmed, with costs. No opinion. Hagarty, [845]*845Carswell and Taylor, JJ., concur; Lazansky, P. J., and Johnston, J., dissent and vote to reverse the judgment and order and to grant a new trial on the ground that the finding of the jury in answer to question ¡No. 1 is against the weight of the credible evidence.

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In an action for divorce, in which the defendant counterclaimed for a separation, judgment dismissing the complaint on the merits and granting a separation on the defendant’s counterclaim, and order denying, plaintiff’s motion for a new trial, affirmed, with costs. No opinion. Hagarty, [845]*845Carswell and Taylor, JJ., concur; Lazansky, P. J., and Johnston, J., dissent and vote to reverse the judgment and order and to grant a new trial on the ground that the finding of the jury in answer to question ¡No. 1 is against the weight of the credible evidence.

Boelsen v. Boelsen, 259 A.D. 844, 20 N.Y.S.2d 406, 1940 N.Y. App. Div. LEXIS 6949 (N.Y. Ct. App. 1940).

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