Appellate Division of the Supreme Court of New York, 1936

Ballot v. Weinstein

Ballot v. Weinstein
Appellate Division of the Supreme Court of New York · Decided January 15, 1936
246 A.D. 831
Ballot v. Weinstein

Opinion of the Court

Judgment dismissing the complaint on the merits in an action for criminal conversation reversed on the law and a new trial granted, with costs to appellant to abide the event. Even if plaintiff ceased to have affection for his wife prior to her illegal relations with defendant, that would not bar an action for criminal conversation. (Oppenheim v. Kridel, 236 N. Y. 156; Berney v. Adriance, 157 App. Div. 628; Purdy v. Robinson, 133 id. 155.) Hagarty, Carswell, Davis, Johnston and Taylor, JJ., concur.

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