Legal Opinion

Milone v. Milone

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

Decided November 15, 1999PublishedCited by 7 opinions

1Opinion of the Court

—In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County, for the Supreme Court, Nassau County (Shapiro, J.), entered August 3, 1998, as, after a nonjury trial, dismissed the second cause of action alleging cruel and inhuman treatment.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court erred in restricting the proof at trial to the specific times and occurrences alleged in the complaint, and in refusing to permit evidence designed to…

2Cases cited3 opinions

  1. Walker v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  2. Rasmussen v. RasmussenAppellate Division of the Supreme Court of the State of New York · 1951
  3. Rusoff v. RusoffAppellate Division of the Supreme Court of the State of New York · 1964

3Cited by7 opinions

  1. Geary v. Church of St. Thomas AquinasAppellate Division of the Supreme Court of the State of New York · 2012
  2. Division Seven, Inc. v. HP Builders Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Habib v. HabibAppellate Division of the Supreme Court of the State of New York · 2000
  4. Nineteen Eighty-Nine, LLC v. IcahnAppellate Division of the Supreme Court of the State of New York · 2017
  5. Duke v. Town of RiverheadAppellate Division of the Supreme Court of the State of New York · 2010

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