Schaedtler v. Schaedtler

In an action for a *865divorce and ancillary relief, the defendant appeals, by permission, from an order of the Supreme Court, Suffolk County (MacKenzie, J.), dated July 14, 2008, which granted the plaintiff’s application, in effect, pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the defendant on the plaintiffs cause of action for a divorce on the ground of cruel and inhuman treatment and for judgment as a matter of law on that cause of action.

Ordered that the order is reversed, on the law and the facts, with costs, the plaintiff’s application, in effect, pursuant to CPLR 4404…