Krishnan v. Krishnan

Judgment of Supreme Court, New York County (Elliott Wilk, J.), entered May 22, 1989, granting plaintiff a divorce upon the ground of cruel and inhuman treatment, unanimously affirmed, without costs.

The acts of physical violence testified to by plaintiff, which included slapping, choking, and beating her with a shoe, were not trivial, but were sufficient to constitute a pattern of grievous misconduct which presented an actual threat to plaintiffs health and safety. (See, Lind v Lind, 89 AD2d 518, affd 58 NY2d 965.) Defendant’s claim of provocation, raised for the first time on appeal, is…