Armstrong v. Armstrong

Judgment unanimously reversed, on the law and facts, without costs, and matter remitted to Supreme Court, Jefferson County, Trial Term, Lynch, J., to grant judgment to plaintiff. Memorandum: In this default divorce action based upon cruel and inhuman treatment the facts reveal that plaintiff first learned of his wife’s infidelity by way of an anonymous telephone call and then his wife told him that she could no longer live with him because she was in love with another man. The plaintiff testified to his mental upset and loss of work as a result. In Hessen v. Hessen (33 N Y 2d 406) the Court…