Doyle v. Doyle

Peters, J. (dissenting).

I am of the firm opinion that Supreme Court properly exercised its discretion in its assessment of the misconduct on the part of this defendant and the effect of his behavior upon plaintiff. It is well settled that such determination is not one which should be lightly overturned on appeal (see, Clarkson v Clarkson, 103 AD2d 964, 965).

Here, plaintiff testified extensively concerning her entry into mental health counseling when defendant, after denying involvement with another woman, moved out of the marital home. Plaintiff, feeling that she may have "done something…