Legal Opinion

Fritz v. Fritz

Appellate Division of the Supreme Court of the State of New York

Decided May 14, 1982PublishedCited by 6 opinions

1Opinion of the Court

— Judgment unanimously reversed, on the law and facts, with costs, and matter remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: The record in this case amply supports plaintiff’s cause of action for divorce based upon cruel and inhuman treatment. Although the wife’s testimony concerning the husband’s admissions of adultery is inadmissible to prove the adultery cause of action, it is admissible as part of the cruel and inhuman cause of action (Poppe v Poppe, 3 NY2d 312). His behavior and admissions to the wife constitute cruel…

2Cases cited4 opinions

  1. Poppe v. PoppeNew York Court of Appeals · 1957
  2. Bradley v. O'HareAppellate Division of the Supreme Court of the State of New York · 1956
  3. Gonzalez v. DumpsonAppellate Division of the Supreme Court of the State of New York · 1974
  4. Ash v. AshAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by6 opinions

  1. State v. MarkowitzAppellate Division of the Supreme Court of the State of New York · 2000
  2. Guneratne v. GuneratneAppellate Division of the Supreme Court of the State of New York · 1995
  3. Palin v. PalinAppellate Division of the Supreme Court of the State of New York · 1995
  4. Marrow v. MarrowAppellate Division of the Supreme Court of the State of New York · 1986
  5. Breckinridge v. BreckinridgeAppellate Division of the Supreme Court of the State of New York · 1984

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