Berman v. Berman

The court is unanimous that the conduct engaged in by defendant toward plaintiff, as found by the trial court, was such as to justify plaintiff in suing for a separation. It is stated in the opinion Per Curiam that the parties “ have not been living together as husband and wife and that they have been living as separate lives as two people could do within the confines of a small apartment ”, but nevertheless the complaint is being dismissed for the sole reason that plaintiff has not left this apartment. That is a circumstance having evidentiary value, which in many cases might properly result…