PASSERA v. PASSERA

In an action for a separation, judgment dismissing the complaint, insofar as appealed from, reversed on the law and the facts, with costs to appellant, and a new trial granted. Corroboration of the testimony of plaintiff as to assaults of defendant, his threats, and accusations of her unchastity, was not a prerequisite to a determination in her favor. The court unduly restricted proof at the trial, and its ruling that no proof of general course of conduct could be adduced was erroneous. (9 Carmody on New York Practice, § 267, p. 433; Fisher v. Fisher, 223 App. Div. 19, 22, affd. 250 N.Y. 313.) Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ., concur.