Opinion
December 4, 1961
In an action for separation, defendant husband appeals from a judgment of the Supreme Court, Kings County, in favor of the plaintiff wife, entered April 24, 1961, on the ground of cruel and inhuman treatment and inadequate support, after a nonjury trial. Judgment reversed on the law and the facts, without costs, and complaint dismissed. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. In our opinion the trial court's findings that the husband was guilty of cruel and inhuman treatment and of inadequate support, are against the weight of the evidence; we find to the contrary. The proof shows that the relations between the parties were trying and unpleasant and at times acrimonious. The proof fails to establish, however, that the husband's conduct constituted cruel and inhuman treatment of the wife, or that his financial support was inadequate in view of their accustomed manner and standard of living and in view of his income. Nolan, P.J., Beldock, Ughetta, Christ and Pette, JJ., concur.