Legal Opinion
Pascarella v. Pascarella
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1994No. Appeal No. 2PublishedCited by 9 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law without costs and matter *916remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court dismissed plaintiffs cause of action for divorce on the ground of cruel and inhuman treatment because plaintiff failed to offer proof to corroborate her testimony. That was error; no corroboration is required (see, Hird v Hird, 170 AD2d 1049). Upon our review of the record, we conclude that there is not sufficient legal evidence to grant a divorce on the ground of cruel and inhuman treatment.
The proof is legally…
2Cases cited4 opinions
- Diemer v. DiemerNew York Court of Appeals · 1960
- De Angelis v. De AngelisAppellate Division of the Supreme Court of the State of New York · 1976
- Maryon v. MaryonAppellate Division of the Supreme Court of the State of New York · 1977
- Hird v. HirdAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by9 opinions
- Carpenter v. CarpenterAppellate Division of the Supreme Court of the State of New York · 2000
- James v. JamesAppellate Division of the Supreme Court of the State of New York · 2004
- McNair v. McNairAppellate Division of the Supreme Court of the State of New York · 1999
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1998
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 2009
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