Russ v. Russ

• Decision Date: 20 February 1958
• Citation: Russ v. Russ, 171 N.Y.S.2d 862, 4 N.Y.2d 743 (N.Y. 1958)
• Parties: , 148 N.E.2d 911 Hugh McM. RUSS, Plaintiff-Respondent-Appellant, v. Lavinia F. RUSS, Defendant-Appellant-Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 862

171 N.Y.S.2d 862

4 N.Y.2d 743, 148 N.E.2d 911

Hugh McM. RUSS, Plaintiff-Respondent-Appellant, v. Lavinia F. RUSS, Defendant-Appellant-Respondent.

Court of Appeals of New York.

Feb. 20, 1958.

Appeal from Supreme Court, Appellate Division, Fourth Department, 3 A.D.2d 888, 161 N.Y.S.2d 696.

Husband brought action against wife for separation, on ground of abandonment, and wife brought action for separation, on ground of alleged cruel and inhuman conduct, and the actions were consolidated.

The Supreme Court, Ontario County, Van Duser, Official Referee, entered judgment in favor of the husband, and the wife appealed.

The Appellate Division modified the judgment and held that evidence established that wife was justified in leaving husband, but that husband's conduct was not such that the wife was entitled to separation on ground of alleged cruel and inhuman treatment.

Both parties appealed to the Court of Appeals.

Goldstein, Judd & Gurfein, New York City (Orrin G. Judd, New York City, Charles S. Wilcox, Rochester, Robert J. Haft, New York City, and Victor T. Fuzak, Buffalo, of counsel), for plaintiff-respondent-appellant husba...