Sherman v. Sherman

Full title: ALICIA L. SHERMAN, Appellant, v. LEONARD SHERMAN, Respondent

Court: Court of Appeals of the State of New York

Date published: Mar 31, 1960

167 N.E.2d 70 (N.Y. 1960)

167 N.E.2d 70

200 N.Y.S.2d 419

Opinion

Argued February 29, 1960

Decided March 31, 1960

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES A. LORETO, J.

Paul Englander for appellant.

Irving Moldauer and Daniel Cohen for respondent.

Judgment affirmed, without costs; no opinion.

Concur: Judges DYE, FROESSEL, VAN VOORHIS and FOSTER. Chief Judge DESMOND and Judges FULD and BURKE dissent from so much of the judgment as grants defendant a separation on his counterclaims and vote to reverse the judgment to that extent and to dismiss defendant's counterclaims upon the ground that the record fails to establish cruel and inhuman treatment of defendant by plaintiff. (See, e.g., Russ v. Russ, 4 N.Y.2d 743, affg. 3 A.D.2d 888.)