Dionysius v. Dionysius
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
At the close of the case the learned trial justice reserved decision. Plaintiff was the only witness in her own behalf, which is not unusual in actions for separation. The action was based upon allegations of abandonment (former Code Civ. Proc. § 1762, subd. 3), and plaintiff's evidence was that defendant abandoned her one year prior to the day of the trial, and had contributed nothing to her support during that time. She testified that he left her without cause. Defendant offered no evidence. Plaintiff’s testimony was not contradicted in any way. The learned trial justice appears to have…
2Cases cited1 opinion
- Otton v. OttonAppellate Division of the Supreme Court of the State of New York · 1921