Legal Opinion

McCann v. McCann

Appellate Division of the Supreme Court of the State of New York

Decided April 5, 1985No. Appeal No. 1PublishedCited by 1 opinion

1Opinion of the Court

Defendant did not sustain his burden of proof on his counterclaim for divorce on the ground of cruel and inhuman treatment. The trial court concluded that plaintiff’s conduct endangered the physical and mental well-being of defendant “by psychologically damaging him and failing to treat him as a husband and *1070father and. failed to make a home for husband and children, putting him down constantly, not consulting with him on economic or other family matters.” This is insufficient to sustain defendant’s counterclaim for divorce. The statutory provision establishing cruel and inhuman treatment as a…

2Cases cited14 opinions

  1. Sharp v. KosmalskiNew York Court of Appeals · 1976
  2. Priest v. HennessyNew York Court of Appeals · 1980
  3. Hessen v. HessenNew York Court of Appeals · 1974
  4. Brady v. BradyNew York Court of Appeals · 1985
  5. Hurlburt v. . HurlburtNew York Court of Appeals · 1891

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3Cited by1 opinion

  1. Falcone v. FalconeAppellate Division of the Supreme Court of the State of New York · 1985

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