Averett v. Averett — 232 N.Y. 519

Majority

p. 519

Birdie Averett, Appellant, v. Abraham M. Averett, Respondent.

Headnote

Husband and wife — action for separation — insufficiency of evidence.

Averett v. Averett, 189 App. Div. 250 , affirmed.

(Argued October 14, 1921;

decided October 28, 1921.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 7, 1919, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The action was brought by wife against husband for a separation.. The Appellate Division held that there was no sufficient proof to justify a judgment of separation under the statute.

Max D. Steuer and Louis S. Schwartz for appellant.

Edward E. McCall and Alexander S. Natanson for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, without costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ. Absent: Pound, J.