SCHNEIDER v. SCHNEIDER


281 A.D. 250 (1953)

Benjamin Schneider, Appellant, v. Sylvia F. Schneider et al., Respondents

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

February 24, 1953.


Attorney(s) appearing for the Case

Jacob E. Heller for appellant.

Maxwell Green for respondents.

PECK, P. J., DORE, COHN, BREITEL and BERGAN, JJ., concur.


Per Curiam.

Defendants rested at the close of plaintiff's case and adduced no proof. We find nothing in plaintiff's cross-examination or the record to support the trial court's dismissal of plaintiff's complaint.

New York was the domicile of the marriage between plaintiff and defendant Sylvia F. Schneider and also the marital domicile. The evidence established without contradiction that plaintiff was not personally served and did not appear either personally...

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