Thom v. Thom

Appeal (transferred to this court by order of *812the Appellate Division, Second Department) from a judgment of the Supreme Court (Jiudice, J.), granting plaintiff a divorce, entered July 8, 1989 in Dutchess County, upon a decision of the court.

Plaintiff commenced this action for divorce charging defendant with cruel and inhuman treatment. The parties have one daughter, born in 1982. Plaintiffs gross income was $20,000 per year and defendant’s gross income was $24,000. The parties jointly owned the marital residence. A motion to dismiss the complaint for failure to state a cause of action was…