POLLEY v. POLLEY


62 A.D.2d 986 (1978)

Ardith Polley, Respondent, v. Stanley Polley, Appellant

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

April 3, 1978


Order reversed insofar as appealed from, without costs or disbursements, and motion for temporary alimony referred to the trial court for determination.

In view of the photographic evidence in the record, which strongly indicates that plaintiff may have been guilty of adultery, Special Term improvidently exercised its discretion in granting an award of temporary alimony without first resolving the factual issues surrounding the photograph and the circumstances under...

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