DIETZ v. DIETZ


15 A.D.2d 790 (1962)

Lawrence Dietz, Jr., Appellant, v. Lucie M. Dietz, Respondent

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

February 13, 1962


Judgment affirmed, without costs.

There was sufficient evidence to warrant the finding of nonsupport. However, no findings were made as to cruelty, although the judgment was granted on that ground as well as on the ground of nonsupport. The record contains sufficient evidence to warrant finding of cruelty by reason of the assaults by plaintiff on defendant on May 4, 1955 and May 14, 1955. Accordingly a new finding to that effect is hereby made in support of the judgment...

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