63 A.D.2d 853 | N.Y. App. Div. | 1978
Judgment unanimously modified, without costs, and matter remitted to Supreme Court, Jefferson County, for further proceedings, in accordance with the following memorandum: This is the second appeal in a prolonged divorce litigation which began in November, 1970. At the second trial, the parties entered into a stipulation which provided, inter alia, that each party waived the right to cross-examine the other, that if sufficient evidence were introduced the court would award both parties a divorce on the ground of abandonment, and that defendant would pay plaintiff a lump-sum settlement of $15,000. No provision was made for alimony. This