Schubert v. Schubert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from a judgment of the Supreme Court (Seibert, Jr., J.), entered January 26, 2005 in Saratoga County, which granted defendant’s motion to dismiss the complaint.
The parties to this divorce action were married in 1970. In August 2003, plaintiff instituted this action alleging causes of action for cruel and inhuman treatment and abandonment. At the conclusion of plaintiff’s case, Supreme Court granted defendant’s motion for dismissal of the complaint for failure to prove a prima facie case. Plaintiff appeals.
Where, as here, a long-term marriage is at issue, “the transgressions…
2Cases cited6 opinions
- Redgrave v. RedgraveAppellate Division of the Supreme Court of the State of New York · 2003
- Holmes v. HolmesAppellate Division of the Supreme Court of the State of New York · 2006
- Shortis v. ShortisAppellate Division of the Supreme Court of the State of New York · 2000
- Goff v. PaulAppellate Division of the Supreme Court of the State of New York · 2004
- Gerber v. GerberAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by2 opinions
- McMahon v. McMahonAppellate Division of the Supreme Court of the State of New York · 2007
- Dodd v. ColbertAppellate Division of the Supreme Court of the State of New York · 2009