New York Court of Appeals

Laura Solomon, Respondent v. Charles Solomon, Appellant

April 22, 1943290 N.Y. 337

Summary

The Court of Appeals held that the plaintiff was not entitled to a decree of separation or support because she failed to make a good‑faith offer to return to her husband, and therefore affirmed the trial court’s judgment. The Court reversed the Appellate Division’s decision and reinstated the lower court’s dismissal. A dissent argued that the plaintiff’s offer was uncontradicted and should be upheld.