Appellate Division of the Supreme Court of New York, 1928

Pagano v. Pagano

Pagano v. Pagano
Appellate Division of the Supreme Court of New York · Decided January 15, 1928
222 A.D. 850
Pagano v. Pagano

Opinion of the Court

Judgment reversed on the law and facts, with costs, and judgment directed for defendant dismissing the complaint, with costs, upon the ground that the evidence is insufficient to sustain the finding of the adultery of the defendant. (Nottingham v. Nottingham, No. 1, 209 App. Div. 459; Pollock v. Pollock, 71 N. Y. 137.) Van Kirk, P. J., Hinman, Whitmyer, Hill and Hasbróuck, JJ., concur. The court disapproves of findings of fact numbered 3, 4, 5, 7, 8 and 9.

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