Sherman v. Sherman

New York Court of Appeals

Sherman v. Sherman

7 N.Y.2d 1032, 200 N.Y.S.2d 419

New York Court of Appeals·Decided March 31, 1960·Published

Opinion

Judgment affirmed, without costs; no opinion.

*1034 Concur: Judges Dye, Froessel, Van Voorhis and Foster. Chief Judge Desmond and Judges Fuld and Bubke dissent from so much of the judgment as grants defendant a separation on his counterclaims and vote to reverse the judgment to that extent and to dismiss defendant’s counterclaims upon the ground that the record fails to establish cruel and inhuman treatment of defendant by plaintiff. (See, e.g., Russ v. Russ, 4 F Y 2d 743, affg. 3 A D 2d 888.)

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Judgment affirmed, without costs; no opinion.

*1034 Concur: Judges Dye, Froessel, Van Voorhis and Foster. Chief Judge Desmond and Judges Fuld and Bubke dissent from so much of the judgment as grants defendant a separation on his counterclaims and vote to reverse the judgment to that extent and to dismiss defendant’s counterclaims upon the ground that the record fails to establish cruel and inhuman treatment of defendant by plaintiff. (See, e.g., Russ v. Russ, 4 F Y 2d 743, affg. 3 A D 2d 888.)

Sherman v. Sherman, 7 N.Y.2d 1032, 200 N.Y.S.2d 419 (N.Y. 1960).

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