Israel v. Israel

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court abused its discretion in dismissing defendant’s counterclaim for divorce based upon cruel and inhuman treatment. Contrary to the court’s conclusion, a marriage of approximately nine years’ duration that produced no children is not considered a long-term marriage (see, Rauch v Rauch, 226 AD2d 1141; Rubin v Rubin, 105 AD2d 736, 738; cf., Newkirk v Newkirk, 212 AD2d 951, 952). In any event, “[t]he existence of a long-term…