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Ericson v. Ericson

269 A.D. 1060 Court N.Y. App. Div. Decision date 1945-12-28 English

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p. 1060
Harold E. Ericson, Appellant, v. Florence F. Ericson, Respondent.

Action by the husband for an absolute divorce, and a counterclaim by the wife for a separation. Judgment dismissing the complaint and granting judgment on defendant’s counterclaim, reversed on the law and the facts, without costs, and a new trial granted. The findings in the plaintiff’s cause of action and as to the counterclaim of the defendant are against the weight of the evidence. For the purpose of a new trial all findings are reversed and conclusions disapproved. Close, P. J., Carswell, Johnston, Adel and Lewis, JJ., concur.