Sackler v. Sackler

Hopkins, J. (dissenting).

I dissent from the majority view on the ground so ably and succinctly stated by Mr. Justice Christ in his dissenting opinion, and also for the following additional reasons:

On this record I assume, as do the majority and as did the court below, that the intrusion by the plaintiff and his 1‘ raiding ” party into the defendant’s apartment, leased and occupied by her alone and without the plaintiff (from whom she was *428separated pursuant to a subsisting separation decree) was accomplished by illegal means and constituted a trespass. We are told by one of the members of the…