Johnson v. Johnson

In an action for divorce, defendant wife appeals from an interlocutory judgment of the Supreme Court, Westchester County, entered September 16, 1965 in favor of plaintiff husband, after a nonjury trial. Judgment affirmed, without costs. We are of the opinion that testimony of the husband, admitted and considered solely on the question of the custody of the children of the parties, was not incompetent under CPLR 4502 (subd. [a]), although such testimony was not confined to the particular excepted matters there enumerated and tended to show that defendant was guilty of adultery. Custody is a…