Markowitz v. Markowitz

Appellate Division of the Supreme Court of New York

Markowitz v. Markowitz

254 A.D. 586, 3 N.Y.S.2d 57, 1938 N.Y. App. Div. LEXIS 6663

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1938·Published

Opinion

In an action for separation on the grounds of abandonment and failure to provide for plaintiff and her child, judgment dismissing the complaint on the merits reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. The proof was sufficient to warrant a judgment of separation. Find-? ings of fact “ fourth ” and “ fifth ” are reversed. We grant a new trial in order that, if plaintiff succeed thereon, the questions of alimony and the custody of the child ipay be considered. Appeal from certain findings of fact and conclusions of law dismissed. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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In an action for separation on the grounds of abandonment and failure to provide for plaintiff and her child, judgment dismissing the complaint on the merits reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. The proof was sufficient to warrant a judgment of separation. Find-? ings of fact “ fourth ” and “ fifth ” are reversed. We grant a new trial in order that, if plaintiff succeed thereon, the questions of alimony and the custody of the child ipay be considered. Appeal from certain findings of fact and conclusions of law dismissed. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

Markowitz v. Markowitz, 254 A.D. 586, 3 N.Y.S.2d 57, 1938 N.Y. App. Div. LEXIS 6663 (N.Y. Ct. App. 1938).

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