Kenner v. Kenner

Order reversed on the facts, without costs, and motion remitted to Special Term to take proof on the question of plaintiff’s good faith. In our opinion, the entry of the final decree by the defendant was not authorized. (Adams v. Adams, 57 Misc. 150; Bishop v. Bishop, 82 id. 676; McVickar v. McVickar, 123 id. 644.) The question of plaintiff’s good faith in desiring a reconciliation, as alleged in her affidavits, should not be determined on affidavits, but the Special Term should take proof on that subject. If it should determine that plaintiff is acting in good faith, the motion to vacate the…