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WESTERVELT v. WESTERVELT

32 A.D.2d 1048 (1969)

William P. Westervelt, Jr., Appellant, v. Carole Westervelt, Respondent

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

July 21, 1969

Judgment affirmed, with costs.

No opinion.

Munder and Martuscello, JJ., dissent and vote to reverse the judgment and grant plaintiff a judgment of divorce on the ground of adultery. We are of the opinion that the evidence at bar, as a matter of law, established the elements of opportunity, inclination and intent to commit adultery on the part...

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