Underwood v. Underwood

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Although we recognize that the marriage between the plaintiff and his wife, the defendant, is no longer a viable relationship, this factor standing alone is not a sufficient basis to prompt a court to grant a divorce decree on the ground of the wife’s alleged cruel and inhuman treatment of her husband. There must be sufficient probative evidence to convince a trier of fact that the wife has pursued a course of conduct which renders it improper and unsafe for the plaintiff to…