Hertzberg v. Hertzberg — 247 A.D. 351

Majority

p. 351

In the Matter of Bertha Hertzberg, Respondent, against Morris Hertzberg, Appellant.

First Department,

May 1, 1936.

Murray Kurman, for the appellant.

Arthur Bainbridge Hoff, Jr., of counsel [Paxton Blair with him on the brief; Paul Windels, Corporation Counsel, attorney], for the respondent.

The record contains no proof of the marriage of the parties upon which a finding may be based that defendant under the law owes petitioner support and maintenance. We are

p. 352

consequently unable to support the ruling made in the Domestic Relations Court, and it should be reversed and a new hearing ordered.

Present — Martin, P. J., McAvoy, O’Malley, Untermyer and Cohn, JJ.

Order unanimously reversed and a new hearing ordered.