LACKS v. LACKS


29 A.D.2d 854 (1968)

Harold G. Lacks, Appellant, v. Irene R. Lacks, Respondent

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

March 26, 1968


Judgment, dismissing the complaint after trial in this separation action, unanimously reversed, on the law and on the facts and new trial ordered, without costs or disbursements to either party.

Defendant did not appear at the trial, nor was there any deposition from her presented to the court. Plaintiff's testimony stands uncontradicted, although defendant was represented by counsel, who cross-examined plaintiff at length. If the court below believed the testimony...

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