Legal Opinion
Kelly v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 3 opinions
1Opinion of the Court
*578The trial court has broad discretion to determine the issue of cruel and inhuman treatment. Its determination will not be lightly overturned on appeal, and we decline to do so here (see Bluth v Bluth, 45 AD3d 796, 797 [2007]). Contrary to the defendant’s contention, the plaintiff presented ample evidence that he engaged in a course of conduct, including verbal and physical abuse, which was harmful to her well-being and made cohabitation unsafe (see Domestic Relations Law § 170 [1]; Acito v Acito, 21 AD3d 1044 [2005]; Rose v Rose, 18 AD3d 852 [2005]; Habib v Habib, 278 AD2d 277 [2000]).…
2Cases cited12 opinions
- O'Shea v. O'SheaNew York Court of Appeals · 1999
- Griggs v. GriggsAppellate Division of the Supreme Court of the State of New York · 2007
- Chalif v. ChalifAppellate Division of the Supreme Court of the State of New York · 2002
- Diblasi v. DiblasiAppellate Division of the Supreme Court of the State of New York · 2008
- Meccariello v. MeccarielloAppellate Division of the Supreme Court of the State of New York · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Signorile v. SignorileAppellate Division of the Supreme Court of the State of New York · 2013
- Noto v. NotoAppellate Division of the Supreme Court of the State of New York · 2012
- Signorile v. SignorileAppellate Division of the Supreme Court of the State of New York · 2013