Legal Opinion
Pone v. Pone
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 1987PublishedCited by 3 opinions
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Torraca, J.), entered September 15, 1986 in Ulster County, which denied defendant’s motion to dismiss the complaint for failure to state a cause of action.
Defendant contends that plaintiff’s complaint, which seeks a divorce based upon cruel and inhuman treatment (Domestic Relations Law § 170 [1]), fails to state a cause of action. We agree.
In Hessen v Hessen (33 NY2d 406), the Court of Appeals held that a plaintiff seeking a divorce based upon cruel and inhuman treatment must show serious misconduct, not mere incompatability, and that a higher degree…
2Cases cited4 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Hessen v. HessenNew York Court of Appeals · 1974
- Brady v. BradyNew York Court of Appeals · 1985
- O'Connell v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by3 opinions
- Sim v. SimAppellate Division of the Supreme Court of the State of New York · 1997
- Davidman v. DavidmanAppellate Division of the Supreme Court of the State of New York · 1991
- Pone v. PoneAppellate Division of the Supreme Court of the State of New York · 1991