Zielinski v. Zielinski

Appellate Division of the Supreme Court of New York

Zielinski v. Zielinski

6 A.D.2d 756, 174 N.Y.S.2d 37, 1958 N.Y. App. Div. LEXIS 5918

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

DecidedMay 14, 1958

StatusPublished

This text of 6 A.D.2d 756 (Zielinski v. Zielinski) 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.

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Zielinski v. Zielinski, 6 A.D.2d 756, 174 N.Y.S.2d 37, 1958 N.Y. App. Div. LEXIS 5918 (N.Y. Ct. App. 1958).

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Opinion

Decree modified on the law and facts in accordance with the memorandum,

and as modified affirmed, without costs of this appeal to either party. Memorandum : We are not satisfied that the evidence was sufficient to sustain a finding that the defendant abandoned the plaintiff. There was, however, ample evidence of cruel and inhuman treatment of the plaintiff by the defendant. The decree of separation should be modified by striking therefrom the words in the ordering paragraph “ and upon the ground of defendant’s abandonment of plaintiff.” As so modified, the decree should be affirmed. All concur. (Appeal from a decree of Monroe Equity Term awarding plaintiff a separation.) Present — McCurn, P. J., Kimball, Williams, Bastow and Halpern, JJ.

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Decree modified on the law and facts in accordance with the memorandum,

and as modified affirmed, without costs of this appeal to either party. Memorandum : We are not satisfied that the evidence was sufficient to sustain a finding that the defendant abandoned the plaintiff. There was, however, ample evidence of cruel and inhuman treatment of the plaintiff by the defendant. The decree of separation should be modified by striking therefrom the words in the ordering paragraph “ and upon the ground of defendant’s abandonment of plaintiff.” As so modified, the decree should be affirmed. All concur. (Appeal from a decree of Monroe Equity Term awarding plaintiff a separation.) Present — McCurn, P. J., Kimball, Williams, Bastow and Halpern, JJ.

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Bluebook (online)

6 A.D.2d 756, 174 N.Y.S.2d 37, 1958 N.Y. App. Div. LEXIS 5918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zielinski-v-zielinski-nyappdiv-1958.