THOMPSON v. THOMPSON


44 A.D.2d 849 (1974)

Leonard S. Thompson, Appellant, v. Edna A. Thompson, Respondent

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

May 20, 1974


Judgment reversed insofar as appealed from, on the law and in the exercise of discretion, without costs, and alimony and a counsel fee for defendant denied.

The money paid by plaintiff for defendant's attorney's fee is directed to be returned. The divorce herein was granted because the trial court found defendant guilty of cruel and inhuman treatment of plaintiff. Because of that finding the award of alimony was improper, the trial court being without authority to...

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