Legal Opinion

Muscarella v. Muscarella

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

Decided April 1, 1983No. Appeal No. 1PublishedCited by 22 opinions

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

  1. Hessen v. HessenNew York Court of Appeals · 1974
  2. Pajak v. PajakNew York Court of Appeals · 1982
  3. Janke v. JankeAppellate Division of the Supreme Court of the State of New York · 1975
  4. Janke v. JankeNew York Court of Appeals · 1976
  5. Colabella v. ColabellaAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by22 opinions

  1. Pecorella v. Greater Buffalo Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Foy v. FoyAppellate Division of the Supreme Court of the State of New York · 1986
  3. Christian v. ChristianAppellate Division of the Supreme Court of the State of New York · 2004
  4. Mastrogiacomo v. MastrogiacomoAppellate Division of the Supreme Court of the State of New York · 1989
  5. 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.

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