Sacrey v. Sacrey

Full title: ELMER P. SACREY, Appellant, v. EVELYN SACREY, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 25, 1938

254 App. Div. 823 (N.Y. App. Div. 1938)

Opinion

May 25, 1938.

Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

Judgment reversed on the law and the facts, without costs, and cause remitted to the Special Term for a rehearing. (See Lee v. Lee, 203 App. Div. 467, and Lampson v. Lampson, 174 id. 851.) Finding of fact No. III and conclusions of law Nos. I and II disapproved and reversed. All concur, except Crosby, J., who votes for reversal on the law and for granting a decree of absolute divorce, and Taylor, J., who dissents and votes for affirmance. (The judgment dismisses the complaint on the merits in an action for absolute divorce.)