Freas v. Freas

Crew III, J. (dissenting).

While the majority correctly observes that the trial court is vested with considerable discretion in determining whether a spouse’s conduct rises to the level of cruel and inhuman treatment (see Conrad v Conrad, 16 AD3d 794, 795 [2005]), application of the relevant case law nonetheless leads us to conclude that plaintiffs proof fell short of the mark here. Accordingly, we respectfully dissent.

“An action for divorce may be maintained on the grounds of ‘cruel and inhuman treatment of the plaintiff by the defendant *1072such that the conduct of the defendant so endangers the…