Becker v. Becker

Memorandum. Special Term granted the plaintiff a judgment of divorce upon two grounds: (1) that the parties were living apart for at least a year after the granting of a judgment in a separation action, in accordance with subdivision (5) of section 170 of the Domestic Relations Law; and (2) cruel and inhuman treatment, in accordance with subdivision (1) of section 170 of the Domestic Relations Law. The Appellate Division unanimously modified the judgment by striking from the first decretal paragraph any reference to the parties "having lived apart after the granting of a judgment of…