Shou-Tsung Lin v. Straub

—Judgment, Supreme Court, New York County (Joan Lobis, J.), entered March 30, 2000, insofar as appealed from, granting plaintiff a divorce on the ground of cruel and inhuman treatment, unanimously affirmed, without costs.

To obtain a divorce on the ground of cruel and inhuman treatment (Domestic Relations Law § 170 [1]), the plaintiff must show serious misconduct, not mere incompatibility, i.e., a course of conduct by the defendant that is harmful to the plaintiffs physical or mental health and makes cohabitation unsafe or improper (Brady v Brady, 64 NY2d 339, 343). The proof required to make…