Opinion
January, 1928
Judgment reversed on the law and facts, with costs, and judgment directed for defendant dismissing the complaint, with costs, upon the ground that the evidence is insufficient to sustain the finding of the adultery of the defendant. ( Nottingham v. Nottingham, No. 1, 209 App. Div. 459; Pollock v. Pollock, 71 N.Y. 137.) Van Kirk, P.J., Hinman, Whitmyer, Hill and Hasbrouck, JJ., concur. The court disapproves of findings of fact numbered 3, 4, 5, 7, 8 and 9.