Pititto v. Pititto

Appellate Division of the Supreme Court of New York

Pititto v. Pititto

63 A.D.2d 645, 404 N.Y.S.2d 987, 1978 N.Y. App. Div. LEXIS 11512

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

DecidedMay 1, 1978

StatusPublished

This text of 63 A.D.2d 645 (Pititto v. Pititto) 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

Pititto v. Pititto, 63 A.D.2d 645, 404 N.Y.S.2d 987, 1978 N.Y. App. Div. LEXIS 11512 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action for divorce on the ground of abandonment, the plaintiff husband appeals from a judgment of the Supreme Court, Suffolk County, dated January 6, 1978, which, in effect, dismissed the complaint, after a nonjury trial. Judgment reversed, on the law, without costs or disbursements, and action remanded to Special Term for a new trial in accordance herewith. At the time of the service of the summons and complaint, defendant-respondent was residing in a nursing home. A new trial is required to determine under what circumstances she came to be in the home and whether she is capable (both physically and mentally) of leaving of her own free will. Titone, J. P., Suozzi, Margett and O’Connor, JJ., concur.

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In an action for divorce on the ground of abandonment, the plaintiff husband appeals from a judgment of the Supreme Court, Suffolk County, dated January 6, 1978, which, in effect, dismissed the complaint, after a nonjury trial. Judgment reversed, on the law, without costs or disbursements, and action remanded to Special Term for a new trial in accordance herewith. At the time of the service of the summons and complaint, defendant-respondent was residing in a nursing home. A new trial is required to determine under what circumstances she came to be in the home and whether she is capable (both physically and mentally) of leaving of her own free will. Titone, J. P., Suozzi, Margett and O’Connor, JJ., concur.

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Bluebook (online)

63 A.D.2d 645, 404 N.Y.S.2d 987, 1978 N.Y. App. Div. LEXIS 11512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pititto-v-pititto-nyappdiv-1978.