BERMAN v. BERMAN


277 A.D. 560 (1950)

Pauline Berman, Respondent, v. David Berman, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1950.


Attorney(s) appearing for the Case

Louis F. Huttenlocher for appellant.

Michael I. Begun (Begun Brothers, attorneys), for respondent.

PECK, P. J., DORE, COHN and CALLAHAN, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents in opinion.


Per Curiam.

Plaintiff has been awarded a judgment of separation on findings of cruel and inhuman treatment and such conduct on the part of defendant as renders it unsafe and improper for plaintiff to live with him. Undoubtedly the court believed plaintiff's testimony, as against the denials and counter-charges of defendant, and it would seem that such conduct on the part of defendant would justify plaintiff's leaving him and suing for a separation. Our difficulty...

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