Fusco v. Fusco — 242 N.Y. 598

Majority

p. 598

Maria Fusco, Respondent, v. Giuseppe Fusco, Appellant.

Headnote

Husband and wife — action for separation — alimony.

Fusco v. Fusco, 215 App. Div. 702 , affirmed.

(Submitted April 7, 1926;

decided May 4, 1926.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 21, 1925, modifying and affirming as modified a judgment in favor oí plaintiff entered upon a decision of the court on trial at Special Term. The action was wife against husband for a separation. The Appellate Division modified the judgment for a separation on the ground of cruel and inhuman treatment by increasing the allowance of alimony.

p. 599

Frank J. Rinaldi for appellant.

Samuel Wechsler and Gandolfo A. Sellaro for respondent.

Judgment affirmed, with costs; no opinion.

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