¶1In an action for divorce, in which the defendant counterclaimed for a separation, judgment dismissing the complaint on the merits and granting a separation on the defendant’s counterclaim, and order denying, plaintiff’s motion for a new trial, affirmed, with costs. No opinion. Hagarty, *845Carswell and Taylor, JJ., concur; Lazansky, P. J., and Johnston, J., dissent and vote to reverse the judgment and order and to grant a new trial on the ground that the finding of the jury in answer to question ¡No. 1 is against the weight of the credible evidence.
259 A.D. 844
Boelsen v. Boelsen
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1940
Appellate Division of the Supreme Court of the State of New York · decided 1940-04-19
Decided 1940-04-19