Pajak v. Pajak

OPINION OF THE COURT

Gabrielli, J.

Subdivision (1) of section 170 of the Domestic Relations Law provides that a spouse may maintain an action for divorce on the ground of “[t]he cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well-being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.” The issue on this appeal is whether the defendant’s claimed mental illness may be asserted as a defense in an action of this nature.

The parties to this appeal were married in…