ELIOT v. ELIOT


70 A.D.2d 612 (1979)

Dolores E. Eliot, Appellant, v. Kenneth H. Eliot, Respondent

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

May 14, 1979


Order modified by adding thereto, immediately after the provision granting the motion, the following: "only as to the issues of adultery and is otherwise denied." As so modified, order affirmed, without costs or disbursements.

It was an abuse of discretion for Special Term to grant a jury trial on the issue of the husband's condonation of the wife's acts of adultery. The law is clear that the right to a jury trial is limited solely to the "issues of the grounds for...

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