Appellate Division of the Supreme Court of New York, 1928

Cassese v. Cassese

Cassese v. Cassese
Appellate Division of the Supreme Court of New York · Decided April 15, 1928
223 A.D. 843
Cassese v. Cassese

Opinion of the Court

Order granting' motion for alimony and counsel fee reversed upon the law and the facts, without costs, and motion denied, without costs. The allegations of adultery set forth in the complaint are not supported by any proof. They are met by denials in the answer and in defendant’s affidavit. Plaintiff has thus failed to show that there is a reasonable likelihood of success m the action. (Werner v. Werner, 204 App. Div. 791.) Lazansky, P. J., Rich, Young, Seeger and Cars-well, JJ., concur.

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