Giannola v. Giannola

OPINION OF THE COURT

Oscar Murov, J.

A crucial issue to be decided in this action, and one which appears to be an issue of first impression since the advent of the Equitable Distribution Law in New York (L 1980, ch 281) is what weight is to be given to “marital fault” which brings about the termination of a marriage in considering equitable distribution of marital property, distributive awards and maintenance.

Plaintiff instituted an action for divorce alleging as grounds therefore, defendant’s acts of adultery and constructive abandonment, as well as his cruel and inhuman treatment of…