Westervelt v. Westervelt

Appellate Division of the Supreme Court of New York

Westervelt v. Westervelt

32 A.D.2d 1048, 303 N.Y.S.2d 1013, 1969 N.Y. App. Div. LEXIS 3305

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

DecidedJuly 21, 1969

StatusPublished

This text of 32 A.D.2d 1048 (Westervelt v. Westervelt) 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

Westervelt v. Westervelt, 32 A.D.2d 1048, 303 N.Y.S.2d 1013, 1969 N.Y. App. Div. LEXIS 3305 (N.Y. Ct. App. 1969).

Pincite

Opinion

In an action for divorce on the ground of adultery plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered September 4, 1968 after a nonjury trial, which, inter alia, dismissed the complaint. Judgment affirmed, with costs. No opinion. Rabin, Acting P. J., [1049]*1049Benjamin and Kleinfeld, JJ., concur; Munder and Martuscello, JJ., dissent and vote to reverse the judgment and grant plaintiff a judgment of divorce on the ground of adultery. We are of the opinion that the evidence at bar, as a matter of law, established the elements of opportunity, inclination and intent to commit adultery on the part of defendant.

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In an action for divorce on the ground of adultery plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered September 4, 1968 after a nonjury trial, which, inter alia, dismissed the complaint. Judgment affirmed, with costs. No opinion. Rabin, Acting P. J., [1049]*1049Benjamin and Kleinfeld, JJ., concur; Munder and Martuscello, JJ., dissent and vote to reverse the judgment and grant plaintiff a judgment of divorce on the ground of adultery. We are of the opinion that the evidence at bar, as a matter of law, established the elements of opportunity, inclination and intent to commit adultery on the part of defendant.

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Bluebook (online)

32 A.D.2d 1048, 303 N.Y.S.2d 1013, 1969 N.Y. App. Div. LEXIS 3305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westervelt-v-westervelt-nyappdiv-1969.