Grinwald v. Grinwald

Appellate Division of the Supreme Court of New York

Grinwald v. Grinwald

252 A.D. 883, 300 N.Y.S. 1350, 1937 N.Y. App. Div. LEXIS 6675

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

DecidedNovember 29, 1937

StatusPublished

This text of 252 A.D. 883 (Grinwald v. Grinwald) 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

Grinwald v. Grinwald, 252 A.D. 883, 300 N.Y.S. 1350, 1937 N.Y. App. Div. LEXIS 6675 (N.Y. Ct. App. 1937).

Pincite

Opinion

Judgment dismissing the complaint in an undefended action for absolute divorce reversed on the law, without costs, and an interlocutory judgment of divorce directed in favor of plaintiff, without costs. The fifth finding of fact is modified by striking out the word “ with ” in the second line thereof, and by inserting in its place the word “ without.” The conclusions of law are struck out, and in their place is inserted the following conclusion: The plaintiff is entitled to an interlocutory judgment against the defendant. We are of opinion there was no collusion. Carswell, Davis, Johnston and Adel, JJ., concur; Hagarty, J., dissents, being of opinion that the trial court’s determination of the quality of the evidence should not be disturbed.

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Judgment dismissing the complaint in an undefended action for absolute divorce reversed on the law, without costs, and an interlocutory judgment of divorce directed in favor of plaintiff, without costs. The fifth finding of fact is modified by striking out the word “ with ” in the second line thereof, and by inserting in its place the word “ without.” The conclusions of law are struck out, and in their place is inserted the following conclusion: The plaintiff is entitled to an interlocutory judgment against the defendant. We are of opinion there was no collusion. Carswell, Davis, Johnston and Adel, JJ., concur; Hagarty, J., dissents, being of opinion that the trial court’s determination of the quality of the evidence should not be disturbed.

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Bluebook (online)

252 A.D. 883, 300 N.Y.S. 1350, 1937 N.Y. App. Div. LEXIS 6675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grinwald-v-grinwald-nyappdiv-1937.