Legal Opinion

Cassese v. Cassese

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1928PublishedCited by 2 opinions

1Opinion of the Court

Order granting' motion for alimony and counsel fee reversed upon the law and the facts, without costs, and motion denied, without costs. The allegations of adultery set forth in the complaint are not supported by any proof. They are met by denials in the answer and in defendant’s affidavit. Plaintiff has thus failed to show that there is a reasonable likelihood of success m the action. (Werner v. Werner, 204 App. Div. 791.) Lazansky, P. J., Rich, Young, Seeger and Cars-well, JJ., concur.

2Cases cited1 opinion

  1. Werner v. WernerAppellate Division of the Supreme Court of the State of New York · 1923

3Cited by2 opinions

  1. Sheer v. FoleyCity of New York Municipal Court · 1932
  2. Burgwinkel v. BurgwinkelAppellate Division of the Supreme Court of the State of New York · 1945