Legal Opinion
Gross v. Gross
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 2007PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Joan B. Lobis, J.), entered February 21, 2006, which granted plaintiff a judgment of divorce on the ground of cruel and inhuman treatment, unanimously reversed, on the law, without costs, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
“To obtain a divorce on the ground of cruel and inhuman treatment (Domestic Relations Law § 170 [1]), the plaintiff must show serious misconduct, not mere incompatibility, i.e., a course of conduct by the defendant that is harmful to the plaintiffs physical or mental health and makes…
2Cases cited21 opinions
- Hessen v. HessenNew York Court of Appeals · 1974
- Brady v. BradyNew York Court of Appeals · 1985
- Echevarria v. EchevarriaNew York Court of Appeals · 1976
- Hage v. HageAppellate Division of the Supreme Court of the State of New York · 1985
- Dyke v. DykeAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by5 opinions
- Ehrman v. EhrmanAppellate Division of the Supreme Court of the State of New York · 2009
- Gulati v. GulatiAppellate Division of the Supreme Court of the State of New York · 2008
- Stacey v. StaceyAppellate Division of the Supreme Court of the State of New York · 2008
- Justin v. JustinAppellate Division of the Supreme Court of the State of New York · 2008
- Doundley A.E. v. Elizabeth R.E.Appellate Division of the Supreme Court of the State of New York · 2007