Pagano v. Pagano

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.