BERRY v. BERRY


56 A.D.2d 522 (1977)

Lorayne Berry, Respondent, v. Rynn Berry, Jr., Appellant

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

February 3, 1977


On this record there is sufficient evidence properly credited by the trial court supporting the award of a divorce to the plaintiff. However, with respect to defendant's third counterclaim, the matter was inadequately tried; the evidence is contradictory and fails to conclusively support either party. A new plenary hearing on this counterclaim is clearly warranted. Regarding the amount of alimony and child support, it appears that they are excessive. The parties' preseparation...

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