KAPUSCINSKI v. KAPUSCINSKI


75 A.D.2d 576 (1980)

Katherine Kapuscinski, Respondent, v. John M. Kapuscinski, Appellant

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

April 7, 1980


Judgment reversed, on the law and the facts, without costs or disbursements, and new trial granted.

Pending the new trial and determination, defendant is to pay plaintiff alimony of $20 per week and child support of $35 per week. The parties shall proceed to trial forthwith. It was prejudicial error for the trial court to exclude the testimony of the then 14-year-old son of the parties on the basis of "his age and immaturity" without conducting an adequate examination...

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