Dribben v. Dribben

Appellate Division of the Supreme Court of New York

Dribben v. Dribben

279 A.D. 599, 107 N.Y.S.2d 480, 1951 N.Y. App. Div. LEXIS 3147

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

DecidedOctober 15, 1951

StatusPublished

This text of 279 A.D. 599 (Dribben v. Dribben) 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

Dribben v. Dribben, 279 A.D. 599, 107 N.Y.S.2d 480, 1951 N.Y. App. Div. LEXIS 3147 (N.Y. Ct. App. 1951).

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Opinion

In our opinion, the facts established by plaintiff were insufficient to warrant a judgment of separation on any of the grounds set forth in section 1161 of the Civil Practice Act. (Cf. Smith v. Smith, 273 N. Y. 380; Pearson v. Pearson, 230 N. Y. 141, 148, and Umbach v. Umbach, 183 App. Div. 495.) No formal findings of fact were made below. The findings of fact contained in the trial court’s decision are affirmed, except insofar as the court may have found that the “ defendant in effect told the plaintiff to leave him ”; and this court finds that such a demand was not made by defendant, nor may it reasonably be inferred from the testimony. Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.

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In our opinion, the facts established by plaintiff were insufficient to warrant a judgment of separation on any of the grounds set forth in section 1161 of the Civil Practice Act. (Cf. Smith v. Smith, 273 N. Y. 380; Pearson v. Pearson, 230 N. Y. 141, 148, and Umbach v. Umbach, 183 App. Div. 495.) No formal findings of fact were made below. The findings of fact contained in the trial court’s decision are affirmed, except insofar as the court may have found that the “ defendant in effect told the plaintiff to leave him ”; and this court finds that such a demand was not made by defendant, nor may it reasonably be inferred from the testimony. Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.

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Bluebook (online)

279 A.D. 599, 107 N.Y.S.2d 480, 1951 N.Y. App. Div. LEXIS 3147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dribben-v-dribben-nyappdiv-1951.

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