224 A.D. 28 | N.Y. App. Div. | 1928
Concededly defendant abandoned plaintiff. The crucial question is whether this conduct was justified. The record discloses much right and some wrong on both sides. This marriage seems to have been founded upon mutual affection and respect, which to some extent still remains and upon which it would seem that with reasonable mutual concessions a new marital life might fairly be begun. We must, however, decide the controversy and not plan the future. While there was some provocation for the abandonment, we think it did not amount to justification. The harsh letters written in 1924 by the plaintiff are explained, even though not excused, and their writing was followed by over a year of affectionate relationship. The interference of others in the affairs of this husband and wife, the interposition of a somewhat over-rigid legalism, the resultant high-strung irritability of the plaintiff and resentment of the defendant contributed to the unfortunate separation, but fall short of justifying the defendant in pre
The judgment appealed from should be modified as here indicated and as so modified affirmed, without costs of this appeal.
Present — Dowling, P. J., McAvoy, Martin, O Malley and Proskauer, JJ.; Martin, X, dissents.
Judgment and order modified as indicated in opinion and as so modified affirmed, without costs. Settle order on notice.