Opinion
July 10, 1967
Judgment of the Supreme Court, Nassau County, dated July 19, 1966, modified on the law and the facts and in the exercise of discretion, by striking out the first decretal paragraph and substituting therefor a provision dismissing so much of the complaint as seeks a separation. As so modified, the judgment is affirmed, without costs. In our opinion, the finding of the trial court that the husband was guilty of cruel and inhuman treatment is against the weight of the evidence ( cf. Schapiro v. Schapiro, 27 A.D.2d 667). Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.