Tsakis v. Tsakis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The trial court’s determination that defendant had engaged in cruel and inhuman treatment of plaintiff is not supported by the *764record. A plaintiff relying on Domestic Relations Law § 170 (1) must generally show a course of conduct by the defendant spouse which is harmful to the physical or mental health of the plaintiff and makes cohabitation unsafe or improper (Forcucci v Forcucci, 96 AD2d 751; Warguleski v Warguleski, 79 AD2d 1107). A showing of irreconcilable or irremedial differences is insufficient by itself (Filippi v Filippi, 53 AD2d 658). The existence of cruel and inhuman treatment…
2Cases cited8 opinions
- Hessen v. HessenNew York Court of Appeals · 1974
- Brady v. BradyNew York Court of Appeals · 1985
- Kahn v. KahnNew York Court of Appeals · 1977
- Filippi v. FilippiAppellate Division of the Supreme Court of the State of New York · 1976
- Brady v. BradyAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by11 opinions
- Meier v. MeierAppellate Division of the Supreme Court of the State of New York · 1989
- Glass v. HarrisDistrict Court, S.D. New York · 1988
- Berk v. BerkAppellate Division of the Supreme Court of the State of New York · 1991
- William MM. v. Kathleen MM.Appellate Division of the Supreme Court of the State of New York · 1994
- Ehrman v. EhrmanAppellate Division of the Supreme Court of the State of New York · 2009
6 more not listed; retrieve them via the Exa API.