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Westervelt v. Westervelt

32 A.D.2d 1048 Court N.Y. App. Div. Decision date 1969-07-21 English

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p. 1048
William P. Westervelt, Jr., Appellant, v. Carole Westervelt, Respondent.

In an action for divorce on the ground of adultery plaintiff appeals from a judgment of the Supreme Court, Suffolk County, entered September 4, 1968 after a nonjury trial, which, inter alia, dismissed the complaint. Judgment affirmed, with costs. No opinion. Rabin, Acting P. J.,

p. 1049
Benjamin and Kleinfeld, JJ., concur; Munder and Martuscello, JJ., dissent and vote to reverse the judgment and grant plaintiff a judgment of divorce on the ground of adultery. We are of the opinion that the evidence at bar, as a matter of law, established the elements of opportunity, inclination and intent to commit adultery on the part of defendant.