Hearst v. Hearst

*270Order, Supreme Court, New York County (Laura VisitaciónLewis, J.), entered March 23, 2006, which, after a nonjury trial, dismissed defendant husband’s counterclaim for divorce on the ground of cruel and inhuman treatment, without prejudice to defendant’s claims arising out of the titling of assets in plaintiffs sole name, unanimously affirmed, with costs.

The husband, who suffered from debilitating ailments predating this 1990 marriage, failed to show that the further deterioration of his already fragile physical and mental condition in the years preceding commencement of the action was in any…