O'Connell v. O'Connell

— Casey, J.

Appeal from a judgment of the Supreme Court denying plaintiff a divorce, entered November 7, 1984 in Albany County, upon a decision of the court at Trial Term (Williams, J.), without a jury.

Plaintiff contends that Trial Term erred in finding the proof adduced at trial insufficient to establish that defendant’s *824conduct constituted cruel and inhuman treatment within the meaning of Domestic Relations Law § 170 (1). We disagree and affirm.

The trial court has broad discretion as to whether to grant a cruelty divorce, but "such a divorce cannot be granted simply because the court…