Micelotta v. Micelotta

Appellate Division of the Supreme Court of New York

Micelotta v. Micelotta

45 A.D.2d 842, 358 N.Y.S.2d 958, 1974 N.Y. App. Div. LEXIS 4549

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1974·Published

Opinion

Appeal by defendant from a judgment of the Supreme Court, Richmond County, dated February 4, 1974, which granted plaintiff a divorce. Judgment affirmed, without costs. Although we are affirming the judgment, we reject the finding of fact designated as subdivision (f) of paragraph “ Fifth ” of the findings. That finding of fact was a specification of cruelty, which was added on the motion of the trial court, based on defendant's assertion of a counterclaim for adultery. Martuscello, Acting P. J., Latham, Shapiro, Cohalan and Brennan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the Supreme Court, Richmond County, dated February 4, 1974, which granted plaintiff a divorce. Judgment affirmed, without costs. Although we are affirming the judgment, we reject the finding of fact designated as subdivision (f) of paragraph “ Fifth ” of the findings. That finding of fact was a specification of cruelty, which was added on the motion of the trial court, based on defendant's assertion of a counterclaim for adultery. Martuscello, Acting P. J., Latham, Shapiro, Cohalan and Brennan, JJ., concur.

Micelotta v. Micelotta, 45 A.D.2d 842, 358 N.Y.S.2d 958, 1974 N.Y. App. Div. LEXIS 4549 (N.Y. Ct. App. 1974).

Pincite

45 A.D.2d 842 (Micelotta v. Micelotta) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.