Rojek v. Rojek

—Order unanimously reversed on the law without costs, motion denied, complaint reinstated and new trial granted. Memorandum: Supreme Court erred in granting defendant’s motion to dismiss the complaint in this divorce action at the close of plaintiff’s proof. While a high degree of proof of cruel and inhuman treatment is required in a marriage of long duration and " 'an isolated act of mistreatment will rarely suffice’ ” (Wikiera v Wikiera, 233 AD2d 896, quoting Brady v Brady, 64 NY2d 339, 344), "one violent episode such as a severe beating” may nevertheless constitute cruel and inhuman…