Downing v. Downing

Appellate Division of the Supreme Court of New York

Downing v. Downing

31 A.D.2d 913, 298 N.Y.S.2d 374, 1969 N.Y. App. Div. LEXIS 4367

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 20, 1969

StatusPublished

Cited by2 cases

This text of 31 A.D.2d 913 (Downing v. Downing) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Downing v. Downing, 31 A.D.2d 913, 298 N.Y.S.2d 374, 1969 N.Y. App. Div. LEXIS 4367 (N.Y. Ct. App. 1969).

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Opinion

Order of the Family Court, New York County, entered May 31, 1968, insofar as it grants a protection order against appellant, unanimously reversed on the law and -on the facts, without costs and without disbursements, and the petition dismissed. In this dispute involving a husband and wife, it was claimed by the wife that her husband slapped her once during an altercation in which she was clearly shown to be the initiator. The husband denied striking her and testified that he merely attempted to protect himself against her attack. We have examined the record carefully and find that the allegations of the petition were not established by a fair preponderance of the evidence. Concur—■ Stevens, P. J., Markewich, Nunez and 'Steuer, JJ.

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Order of the Family Court, New York County, entered May 31, 1968, insofar as it grants a protection order against appellant, unanimously reversed on the law and -on the facts, without costs and without disbursements, and the petition dismissed. In this dispute involving a husband and wife, it was claimed by the wife that her husband slapped her once during an altercation in which she was clearly shown to be the initiator. The husband denied striking her and testified that he merely attempted to protect himself against her attack. We have examined the record carefully and find that the allegations of the petition were not established by a fair preponderance of the evidence. Concur—■ Stevens, P. J., Markewich, Nunez and 'Steuer, JJ.

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Bluebook (online)

31 A.D.2d 913, 298 N.Y.S.2d 374, 1969 N.Y. App. Div. LEXIS 4367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/downing-v-downing-nyappdiv-1969.

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