Judgment unanimously reversed on the law and facts, without costs, and a new trial granted.
Memorandum:
In this action for divorce on the ground of cruel and inhuman treatment, the court charged that subdivision (1) of section 170 of the Domestic Relations Law was prospective only, and any acts occurring before September 1, 1967, the effective date of the section, could not be considered as grounds for divorce. This instruction was erroneous. The section referred...
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