Ziegler v. Ziegler

¶1Judgment affirmed, without costs. The bona fides of plaintiff’s offer to return to defendant was properly an issue of fact to be determined by the trial court in the second action. This issue was decided adversely to plaintiff and there was adequate support in the record for such a determination. This is what distinguishes the instant case from Silberstein v. Silberstein (218 N. Y. 525) in which there was before the court only the pleading.