Rusoff v. Rusoff

In an action for a judicial separation, the plaintiff wife appeals from a judgment of the Supreme Court, Kings County, entered May 1, 1963 after a non jury trial, upon the court’s decision, which dismissed the complaint and, among other things, directed the payment by defendant of a stated sum for “ accumulated alimony.” Judgment reversed on the law and the facts, without costs, and a new trial granted. The court erred in restricting the proof at the trial to the specific times and occurrences alleged in the complaint, and in refusing to permit evidence designed to show a general course of…