MILONE v. MILONE, JR.


266 A.D.2d 363 (1999)

698 N.Y.S.2d 173

LOUIS J. MILONE, JR., Appellant, v. JEANETTE C. MILONE, Respondent.

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

Decided November 15, 1999.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court erred in restricting the proof at trial to the specific times and occurrences alleged in the complaint, and in refusing to permit evidence designed to show a general course of conduct by the defendant (see, Rusoff v Rusoff, 20 A.D.2d 794; Rasmussen v Rasmussen, 278 App Div 670). However, since there was no showing that the...

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