¶1Judgment appealed from modified so that the complaint is dismissed, not upon the merits, but for failure of proof on plaintiff’s part. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.; Merrell, J., dissents and votes for judgment in favor of plaintiff.
224 A.D. 784
Murphy v. Murphy
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1928
Appellate Division of the Supreme Court of the State of New York · decided 1928-07-15
Decided 1928-07-15