Johnson v. Johnson

— In a matrimonial action, defendant wife appeals from a judgment of the Supreme Court, Dutchess County (Buell, J.), dated January 3, 1983, which, inter alia, granted plaintiff husband a divorce on the ground of cruel and inhuman *821treatment. 11 Judgment reversed, on the law, with costs, and complaint dismissed. U Plaintiff’s allegations that defendant was frequently absent from the marital home during the last year of the marriage, and had assaulted him on two occasions, do not entitle him to a divorce on the ground of cruel and inhuman treatment where there was no evidence that the complained…