Hendery v. Hendery
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal from a judgment of the Supreme Court in favor of plaintiff, entered April 25, 1983 in Broome County, upon a decision of the court at Trial Term (Tait, Jr., J.), without a jury. 11 Defendant challenges a judgment of separation awarded plaintiff based on adultery, as well as the denial of her counterclaim for a divorce based on cruel and inhuman treatment. The most substantial portion of the proof submitted on the issue of adultery was elicited from plaintiff. His testimony must be disregarded because a spouse is incompetent to testify on the issue of the other spouse’s adultery (CPLR…
2Cases cited6 opinions
- Mante v. ManteAppellate Division of the Supreme Court of the State of New York · 1970
- George v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1970
- Passantino v. PassantinoAppellate Division of the Supreme Court of the State of New York · 1982
- Eades v. EadesNew York Court of Appeals · 1981
- Eades v. EadesAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by6 opinions
- Hunter v. HunterAppellate Division of the Supreme Court of the State of New York · 1994
- Haydock v. HaydockAppellate Division of the Supreme Court of the State of New York · 1995
- Hendery v. HenderyAppellate Division of the Supreme Court of the State of New York · 1984
- Nagerl v. NagerlAppellate Division of the Supreme Court of the State of New York · 2009
- Marrow v. MarrowAppellate Division of the Supreme Court of the State of New York · 1986
1 more not listed; retrieve them via the Exa API.