Kleindinst v. Kleindinst
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously reversed, on the law, with costs, and complaint dismissed. Memorandum: The trial court granted plaintiff a divorce on the ground of cruel and inhuman treatment (Domestic Relations Law § 170 [1]). While such a determination will not lightly be overturned on appeal (see, Forcucci v Forcucci, 96 AD2d 751), there must be a reversal here because the evidence in support of plaintiff’s cause of action was insufficient as a matter of law.
A plaintiff seeking a divorce under the cruel and inhuman treatment subdivision must show serious misconduct on the part of defendant, and not…
2Cases cited7 opinions
- Hessen v. HessenNew York Court of Appeals · 1974
- Brady v. BradyNew York Court of Appeals · 1985
- Forcucci v. ForcucciAppellate Division of the Supreme Court of the State of New York · 1983
- Buckley v. BuckleyAppellate Division of the Supreme Court of the State of New York · 1983
- Gemayel v. GemayelAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by6 opinions
- Green v. GreenAppellate Division of the Supreme Court of the State of New York · 1987
- Stagliano v. StaglianoAppellate Division of the Supreme Court of the State of New York · 1987
- Zack v. ZackAppellate Division of the Supreme Court of the State of New York · 1992
- Ridley v. RidleyAppellate Division of the Supreme Court of the State of New York · 2000
- Marciano v. MarcianoAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.