Legal Opinion

Archibald v. Archibald

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

Decided February 14, 2005PublishedCited by 6 opinions

1Opinion of the Court

*432In an action for a divorce and ancillary relief, the plaintiff husband appeals from a judgment of the Supreme Court, Kings County (G. Garson, J.), dated December 2, 2002, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

To obtain a divorce on the ground of cruel and inhuman treatment, the plaintiff spouse must show that the defendant spouse engaged in conduct which “so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant” (Domestic Relations Law § 170…

2Cases cited5 opinions

  1. Caprise v. CapriseAppellate Division of the Supreme Court of the State of New York · 1988
  2. Lyons v. LyonsAppellate Division of the Supreme Court of the State of New York · 1992
  3. George M. v. Mary Ann M.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Biegeleisen v. BiegeleisenAppellate Division of the Supreme Court of the State of New York · 1998
  5. Davey v. DaveyAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by6 opinions

  1. Cauthers v. CauthersAppellate Division of the Supreme Court of the State of New York · 2006
  2. Ehrman v. EhrmanAppellate Division of the Supreme Court of the State of New York · 2009
  3. Bluth v. BluthAppellate Division of the Supreme Court of the State of New York · 2007
  4. Justin v. JustinAppellate Division of the Supreme Court of the State of New York · 2008
  5. Warman v. WarmanAppellate Division of the Supreme Court of the State of New York · 2008

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