Falcone v. Falcone

This is the second time this case has been before us. On the former appeal we directed a new trial because the confused condition of the record prevented a proper determination of the issues presented (18 A D 2d 1127). The record before *51us following such retrial is less confusing but the decision of the Referee and the briefs of the respective parties demonstrate a complete misapprehension as to the issues presented by the pleadings and the proof. In an attempt to avoid the burden and expense of a third trial we will state the issues and return the case for the making of proper factual…