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PENSLEY v. PENSLEY

53 A.D.2d 572 (1976)

Pamela S. Pensley, Respondent, v. Joel Pensley, Appellant

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

June 22, 1976

The findings of fact are specifically disaffirmed as against the weight of the credible evidence. The trial court's written decision is completely barren of any explanation as to how the conflicts in the evidence, more particularly those between plaintiff-respondent's own evidence given on direct and cross-examination, were resolved. The counsel fee is deemed to be excessive when the sum previously paid by plaintiff herself is taken...

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