Marciano v. Marciano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified on the law, and as modified affirmed with costs to defendant, in accordance with the following memorandum: The trial court erred in granting plaintiff a divorce on the ground of cruel and inhuman treatment. In a marriage of long duration, such as this one, a high degree of proof is required to establish cruel and inhuman treatment (see, Brady v Brady, 64 NY2d 339, 345; Hessen v Hessen, 33 NY2d 406, 411-412; Green v Green, 127 AD2d 983). Plaintiff testified that there were six occasions between 1982 and 1985 when the parties argued and defendant used obscene and…
2Cases cited6 opinions
- Hessen v. HessenNew York Court of Appeals · 1974
- Brady v. BradyNew York Court of Appeals · 1985
- Warguleski v. WarguleskiAppellate Division of the Supreme Court of the State of New York · 1981
- Green v. GreenAppellate Division of the Supreme Court of the State of New York · 1987
- Gemayel v. GemayelAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by6 opinions
- Urtis v. UrtisAppellate Division of the Supreme Court of the State of New York · 1992
- Walczak v. WalcZakAppellate Division of the Supreme Court of the State of New York · 1994
- Gulisano v. GulisanoAppellate Division of the Supreme Court of the State of New York · 1995
- Matthews v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1997
- Donley v. DonleyAppellate Division of the Supreme Court of the State of New York · 1996
1 more not listed; retrieve them via the Exa API.