PRESTON v. PRESTON


165 Misc.2d 151 (1995)

627 N.Y.S.2d 518

Constance E. Preston, Plaintiff, v. Donald Preston, Defendant.

Supreme Court, Otsego County.

May 1, 1995


Attorney(s) appearing for the Case

Joseph A. Ermeti, Sidney, for defendant. Edward G. Zerrillo, Syracuse, for plaintiff.


IRAD S. INGRAHAM, J.

Plaintiff Constance Preston brings suit for a judgment of divorce upon the grounds of cruel and inhuman treatment, and further requests maintenance, possession of the marital residence, and equitable distribution.

Defendant now moves for summary judgment upon the ground that the plaintiff has failed to allege conduct which would sustain an action for divorce based upon cruel and...

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