Tobin v. Tobin

Judgment modified on the law and facts by striking therefrom the second ordering paragraph and by dismissing defendant’s first, second and third “ counterclaims and affirmative defenses ”, and as modified the judgment, together with the order, is affirmed, without costs of these appeals to either party. Findings of fact disapproved and reversed and new findings and conclusion of law made. Memorandum: The allegations of defendánt’s first, second, and third counterclaims were not established. Under the circumstances, the institution and conduct of an action for divorce by the plaintiff against…