Mitchell v. Mitchell

Appeal from an order of the Supreme Court in favor of defendant, entered January 3, 1983 in Sullivan County, upon a decision of the court at Trial Term (Vogt, J.), without a jury.

In December of 1980, plaintiff commenced a divorce action on the ground of cruel and inhuman treatment. Defendant, in her answer, sought dismissal of plaintiff’s complaint. Following a trial, which dealt primarily with the issue of fault, the trial court held that plaintiff had failed to adequately prove his cause of action and dismissed the complaint. Additionally, the court vacated a prior order which had…