McM. RUSS v. RUSS


3 A.D.2d 888 (1957)

Hugh McM. Russ, Respondent, v. Lavinia F. Russ, Appellant

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

April 17, 1957


Judgment insofar as appealed from modified on the law and facts by striking therefrom the first ordering paragraph thereof and inserting in place thereof the following: "Ordered, Adjudged, and Decreed, that a judgment of separation in favor of the plaintiff and against the defendant is hereby denied, and plaintiff's complaint is hereby dismissed on the merits"; judgment further modified, on the facts and as a matter of discretion, by striking from the fourth ordering paragraph...

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