Pajak v. Pajak

Judgment affirmed, without costs. Memorandum: In this action for divorce brought by plaintiff on the grounds of cruel and inhuman treatment, defendant sought to interpose the defense of her mental illness, she having been diagnosed as paranoid schizophrenic. She argues that cruel and inhuman treatment under subdivision (1) of section 170 of the Domestic Relations Law must be intentional and that her mental illness rendered her incapable of forming the required intent. The court found that while mental illness by itself would not constitute cruel and inhuman treatment an attempt to explain or…