Judgment reversed, on the law, without costs, and new trial granted.
The appeal did not present questions of fact. Plaintiff and defendant were married on December 2, 1951. Three children were born of their union. The grounds of this action are abandonment and cruel and inhuman conduct (Domestic Relations Law, § 170, subds. [1], [2]). Plaintiff was the only witness at trial. On defendant's motion at the close of plaintiff's case the trial court dismissed the...
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