Pugliese v. Pugliese

The stories of the witnesses for the plaintiff are improbable, and the judgment based thereon is against the weight of the credible evidence in the ease. The interlocutory judgment is, therefore, reversed upon the facts, and a new trial is granted, with costs to the appellant, with the direction that the issues of adultery be tried before a jury. Kelly, P. J., Rich, Jaycox and Young, JJ., concur; Kelby, J., dissents.