Legal Opinion
Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 1994PublishedCited by 9 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Helen Freedman, J.), entered May 11, 1993, which, after a jury trial, dissolved the marriage of the parties by reason of the cruel and inhuman treatment of the plaintiff by the defendant, unanimously affirmed, without costs.
A divorce will be granted on the ground of cruel and inhuman treatment when the proof at trial establishes "that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as fenders it unsafe or improper for the plaintiff to cohabit with the defendant” (Domestic Relations Law § 170 [1]). The…
2Cases cited3 opinions
- Hessen v. HessenNew York Court of Appeals · 1974
- Brady v. BradyNew York Court of Appeals · 1985
- McKilligan v. McKilliganAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by9 opinions
- Stoothoff v. StoothoffAppellate Division of the Supreme Court of the State of New York · 1996
- Harari v. HarariAppellate Division of the Supreme Court of the State of New York · 1996
- Campbell v. CampbellAppellate Division of the Supreme Court of the State of New York · 2010
- M. M. v. E. M.Appellate Division of the Supreme Court of the State of New York · 1998
- Pompa v. PompaAppellate Division of the Supreme Court of the State of New York · 1999
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