Carratu v. Carratu

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We cannot conclude, as a matter of law, that the evidence in this record was insufficient to support the determination of the Appellate Division that respondent wife was entitled to a divorce on the ground of cruel and inhuman treatment (Domestic Relations Law, § 170, subd [1]). The husband’s assertion that the dismissal of the wife’s prior complaint for a divorce on the same ground was preclusive or operated to bar the consideration in this proceeding of evidence submitted on the prior trial…