POPPE v. POPPE


2 A.D.2d 866 (1956)

Hazel Poppe, Appellant, v. John H. Poppe, Respondent

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

October 29, 1956


Judgment insofar as appealed from affirmed, without costs.

No opinion.

Nolan, P. J., and Wenzel, J., dissent and vote to reverse the judgment insofar as it dismisses the complaint and to grant a new trial, with the following memorandum:

In our opinion it was error to receive in evidence respondent's testimony as to a conversation between him and the appellant in which she is alleged to have admitted acts of adultery. It appears that such conversation...

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