Opinion
December 2, 1974
Appeal by defendant from a judgment of the Supreme Court, Nassau County, entered January 17, 1974, which, inter alia, granted plaintiff a divorce on the ground of cruel and inhuman treatment, after a nonjury trial. Judgment reversed, on the facts, and new trial granted, with costs to abide the event. The determination under review is against the weight of the evidence (cf. Hessen v. Hessen, 33 N.Y.2d 406). Hopkins, Acting P.J., Martuscello, Latham, Benjamin and Munder, JJ., concur.