Levine v. Levine

Appellate Division of the Supreme Court of New York

Levine v. Levine

273 A.D. 976, 78 N.Y.S.2d 354, 1948 N.Y. App. Div. LEXIS 5564

Appellate Division of the Supreme Court of the State of New York·Decided April 19, 1948·Published·Cited by 2 cases

Opinion

Judgment of separation upon defendant’s counterclaim in an action for annulment of marriage, unanimously affirmed, with costs. There is no proof in this record sufficient to warrant a finding that respondent had deserted the appellant or abandoned their home with intent not to return, prior to the commencement by appellant of this action for annulment for fraud; nor is that alleged as a [977]*977defense to the counterclaim. Present — Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ.

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Judgment of separation upon defendant’s counterclaim in an action for annulment of marriage, unanimously affirmed, with costs. There is no proof in this record sufficient to warrant a finding that respondent had deserted the appellant or abandoned their home with intent not to return, prior to the commencement by appellant of this action for annulment for fraud; nor is that alleged as a [977]*977defense to the counterclaim. Present — Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ.

Levine v. Levine, 273 A.D. 976, 78 N.Y.S.2d 354, 1948 N.Y. App. Div. LEXIS 5564 (N.Y. Ct. App. 1948).

Pincite

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Opinion

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