Muscarella v. Muscarella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Defendant husband appeals from a judgment which, among other things, denied his counterclaim for divorce based upon cruel and inhuman treatment, required him to pay $90 per week in support to his wife and son and imposed a constructive' trust on all pf his real property. A trial court possesses wide discretion to determine the issue of cruel and inhuman treatment and such determinations will not be lightly overturned on appeal (Davis v Davis, 83 AD2d 547; McKay v McKay, 78…
2Cases cited18 opinions
- Hessen v. HessenNew York Court of Appeals · 1974
- Pajak v. PajakNew York Court of Appeals · 1982
- Janke v. JankeAppellate Division of the Supreme Court of the State of New York · 1975
- Janke v. JankeNew York Court of Appeals · 1976
- Colabella v. ColabellaAppellate Division of the Supreme Court of the State of New York · 1982
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Pecorella v. Greater Buffalo Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Foy v. FoyAppellate Division of the Supreme Court of the State of New York · 1986
- Christian v. ChristianAppellate Division of the Supreme Court of the State of New York · 2004
- Mastrogiacomo v. MastrogiacomoAppellate Division of the Supreme Court of the State of New York · 1989
- Ungar v. Matarazzo Blumberg & Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 1999
17 more not listed; retrieve them via the Exa API.