Moffatt v. Moffatt
| Decision Date | 16 February 1982 |
| Citation | 86 A.D.2d 864,447 N.Y.S.2d 313 |
| Parties | William MOFFATT, Appellant, v. Eleanor MOFFATT, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Goodman & Goodman, P. C., Carle Place (Alan P. Goodman, Carle Place, of counsel; Meyer F. Goodman, Carle Place, on brief), for appellant.
Jack B. Solerwitz, Mineola, for respondent.
Before DAMIANI, J. P., and TITONE, MANGANO and WEINSTEIN, JJ.
MEMORANDUM BY THE COURT.
In a matrimonial action, plaintiff appeals (1) from so much of an order of the Supreme Court, Nassau County, dated November 6, 1980, as granted defendant's cross motion for leave to discontinue her counterclaim for separation, without prejudice, and (2) as limited by his notice of appeal and brief, from so much of a further order of the same court, entered April 30, 1981, as (a) set aside a jury verdict in his favor on his first cause of action, for divorce, (b) denied his motion for summary judgment on his nonmatrimonial causes of action, and (c) failed to rule on the merits of his second cause of action, for separation.
Order dated November 6, 1980 reversed insofar as appealed from, without costs or disbursements, the provision granting defendant's cross motion is deleted, and the cross motion for leave to discontinue is denied.
Order entered April 30, 1981 modified, by deleting the first decretal paragraph and substituting a provision denying defendant's motion to set aside the jury verdict.As so modified, said order affirmed insofar as appealed from, without costs or disbursements, and the verdict is reinstated.
With respect to Special Term's order of November 6, 1980, it was error on the facts at bar to...
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10.3 B. Weight of the Evidence
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B. Weight of the Evidence
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