Summary
In Lowenfish v. Lowenfish (278 App. Div. 716) the Second Department unanimously affirmed a judgment of separation upon the ground of cruel and inhuman treatment where the record disclosed that the parties, although residing in the same apartment with their two children, had in fact been living separate and apart for several years.
Summary of this case from Takagi v. TakagiOpinion
March 26, 1951.
Present — Carswell, Acting P.J., Johnston, Adel, Sneed and MacCrate, JJ.
Judgment of separation upon the ground of cruel and inhuman treatment and decreeing alimony in the sum of $30 a week, unanimously affirmed, with costs. It is our opinion that under the circumstances disclosed by this record, the parties, although residing in the same apartment with their two children, have in fact been living separate and apart for several years. ( Pedersen v. Pedersen, 107 F.2d 227; Donnelly v. Donnelly, 272 App. Div. 779; List v. List, 186 Misc. 261, mod. 276 App. Div. 998; Letts v. Letts, 84 N.Y.S.2d 236, mod. 273 App. Div. 958.) We do not approve the ruling of the majority of the court in Berman v. Berman ( 277 App. Div. 560) as applicable to the facts established by this record.