Zapp v. Zapp — 246 N.Y. 640

Majority

p. 640

Peter Zapp, Appellant, v. Victoria Zapp, Respondent.

Headnote

Husband and wife — separation — insufficiency of evidence to warrant separation on ground of abandonment.

Zapp v. Zapp, 219 App. Div. 834 , affirmed.

(Argued November 29, 1927;

decided December 13, 1927.)

Appeal from a judgment, entered March 30, 1927, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint in an action, husband against wife, to obtain a separation on the ground of abandonment. The Appellate Division held that the evidence was insufficient to sustain a finding that defendant aban

p. 641

doned plaintiff with the degree of finality necessary to entitle him to a separation.

Philip M. Bromberg and James M. Fawcett for appellant.

Martin C. Ansorge and Harry Hershhorn for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.