Opinion
Submitted February 25, 1969
Decided April 9, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LOUIS B. HELLER, J.
Morris Berler for appellant-respondent.
Louis A. Breslerman for respondent-appellant.
Order affirmed, without costs, in the following memorandum: A close reading of the record establishes that the judgment, as modified by the Appellate Division, was correct and just. Consequently, and because the issues arise in a particularly embittered matrimonial litigation, no useful purpose would be served in directing a new trial with only the same result as a likely outcome. Hence, the trial issues raised by plaintiff-respondent-appellant, which would not or should not affect the result, must be disregarded.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.