Hessen v. Hessen

Chief Judge Bbeitel.

In a matrimonial action, into which was consolidated a Family Court support proceeding brought by the wife, plaintiff husband appeals from an Appellate Division order affirming dismissal of his complaint and increasing the alimony award to the wife. The wife also took an appeal, but has abandoned the appeal and urges an affirmance. The principal issue relates to the discretion of the trial court under the facts established at the trial to withhold granting a divorce for “ cruel and inhuman treatment ” under the Domestic Relations Law (§170, subd. 1). The trial court had…