Pierce v. Pierce

— In an action for divorce, the plaintiff husband appeals from a judgment of the Supreme Court, Westchester County, dated March 10, 1975, in favor of defendant, upon the trial court’s dismissal of the complaint at the close of his case, at a nonjury trial. Judgment reversed, on the law, without costs, and new trial granted. No fact questions were presented on this appeal. It is undisputed that the parties resided in Pound Ridge, Westchester County, for many years as man and wife. In June, 1967 a judgment of separation between the parties was entered in the Supreme Court, Westchester County.…