Shaw v. Shaw

Mangano, J. P.

concurs in part and dissents in part, with the following memorandum: Plaintiff wife and defendant husband were married on January 21, 1966 in England, and have three children who are presently 14, 8 and 4 years old. In 1980, plaintiff instituted a divorce action against defendant alleging that defendant had engaged in cruel and inhuman conduct toward her. Defendant defaulted in answering, and a judgment of divorce dated July 16, 1980 and entered July 21,1980 was granted on the following ground: “In or about June, 1975, defendant committed physical violence by hitting plaintiff…