Legal Opinion
Smith v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1998No. Appeal No. 1PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed on the law with costs, motion denied, complaint reinstated and new trial granted in accordance with the following Memorandum: Supreme Court erred in granting defendant’s motion at the close of plaintiffs proof to dismiss the complaint seeking a divorce based upon defendant’s cruel and inhuman treatment. “Courts have required a high degree of proof of cruel and inhuman treatment where there is a marriage of long duration and an isolated act of mistreatment will rarely suffice’ ” (Van Vlack v Van Vlack, 233 AD2d 895, quoting Brady v Brady, 64 NY2d 339, 344). Defendant…
2Cases cited11 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Brady v. BradyNew York Court of Appeals · 1985
- Caprise v. CapriseAppellate Division of the Supreme Court of the State of New York · 1988
- Blaise v. BlaiseAppellate Division of the Supreme Court of the State of New York · 1994
- Buckley v. BuckleyAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by4 opinions
- Davis v. DavisAppellate Division of the Supreme Court of the State of New York · 2009
- Vaiana v. VaianaAppellate Division of the Supreme Court of the State of New York · 2000
- BM v. MMNew York Supreme Court · 2009
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1998