Hathaway v. Hathaway

David F. Lee, Jr., J.

Plaintiff seeks a judgment of divorce against the defendant pursuant to subdivision (1) of section 170 of the Domestic Relations Law, “ cruel and inhuman treatment of the plaintiff by the defendant ”. The defendant is in default, and a certificate of “no necessity for any conciliation conference ” was issued by the Conciliation Commissioner on November 28,1967. The plaintiff’s proof has been heard by the court.

The plaintiff’s complaint alleges, and the proof submitted shows that defendant abandoned plaintiff “ on or about October 26, 1966.” The acts of cruel and inhuman…