Gerber v. Gerber

Appeal from a judgment of the Supreme Court (Spargo, J.), entered June 28, 2004 in Greene County, granting plaintiff a divorce, upon a decision of the court.

Following the parties’ nine-year marriage, Supreme Court granted plaintiff a divorce on the ground of cruel and inhuman treatment. Defendant appeals, arguing that the evidence presented by plaintiff was insufficient to warrant a divorce on this ground. Since the evidence established only the parties’ incompatibility and defendant’s occasionally irritating conduct, we agree with defendant’s argument and accordingly reverse.

“Courts have…