SMITH v. SMITH


50 A.D.2d 749 (1975)

Donald C. Smith, Appellant, v. Joanne E. Smith, Respondent

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

December 11, 1975


In this action, both husband as plaintiff and wife as defendant sought a judgment of divorce. Neither was successful. The court initially expressed an intent to grant a divorce. At certain junctures counsel for the husband sought to elicit further testimony and was told to "move on." Had further proof been allowed, including certain expert medical testimony, the ultimate relief requested could have been granted. We have accordingly directed...

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