Appellate Division of the Supreme Court of New York, 1938

Sacrey v. Sacrey

Sacrey v. Sacrey
Appellate Division of the Supreme Court of New York · Decided May 25, 1938
254 A.D. 823; 5 N.Y.S.2d 199; 1938 N.Y. App. Div. LEXIS 7779
Sacrey v. Sacrey

Opinion of the Court

Judgment reversed on the law and the facts, without costs, and cause remitted to the Special Term for a rehearing. (See Lee v. Lee, 203 App. Div. 467, and Lampson v. Lamp-son, 174 id. 851.) Finding of fact No, III and conclusions of law Nos. I and II disapproved and reversed. All concur, except Crosby, J., who votes for reversal on the law and for granting a decree of absolute divorce, and Taylor, J., who dissents and votes for affirmance. (The judgment dismisses the complaint on the merits in an action for absolute divorce.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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