Pajak v. Pajak

Dillon, P. J., and Schnepp, J. (dissenting).

We reject the majority’s construction of subdivision (1) of section 170 of the Domestic Relations Law. To limit “the statutory test” to “the effect of the conduct upon plaintiff” is to permit the grant of a divorce for reasons unrelated to acts of cruelty or inhumanity. By its language, the statute establishes not one test, but two, and it is only the second which is concerned with the impact upon plaintiff of defendant’s conduct. What is first required is a showing that defendant’s conduct was “cruel and inhuman”. This is “strong terminology” and…