Capodanno v. Capodanno

The opinion of the Court was delivered by

Proctor, J.

The primary issue on this appeal is the propriety of the Chancery Division’s denial of separate maintenance to the plaintiff M. Lilley Capodanno on the ground that her earnings were sufficient to meet her needs. The Appellate Division in an unreported opinion affirmed that part of the judgment of the trial court denying such relief and we granted plaintiff’s petition for certification. 57 N. J. 134 (1970).

Although the ease consumed a great deal of time and the record is voluminous, the facts pertinent to this appeal are relatively simple.…