Swank v. Petkovsek

Order unanimously reversed on the law with costs and counterclaim dismissed. Memorandum: The parties were married in 1990 and had a child in February 1992. Plaintiff gave the infant her surname, which she had continued to use. About a year later, plaintiff commenced a divorce action on the ground of cruel and inhuman treatment. Defendant denied the allegations of the complaint and counterclaimed for an order changing the last name of the infant to his surname. Supreme Court granted plaintiff a divorce and conducted a hearing on defendant’s counterclaim. Plaintiff testified that defendant did…