Cassese v. Cassese

223 A.D. 843 | N.Y. App. Div. | 1928

Order granting' motion for alimony and counsel fee reversed upon the law and the facts, without costs, and motion denied, without costs. The allegations of adultery set forth in the complaint are not supported by any proof. They are met by denials in the answer and in defendant’s affidavit. Plaintiff has thus failed to show that there is a reasonable likelihood of success m the action. (Werner v. Werner, 204 App. Div. 791.) Lazansky, P. J., Rich, Young, Seeger and Cars-well, JJ., concur.