LEE v. LEE


51 A.D.2d 576 (1976)

Howard B. Lee, Respondent, v. Mary D. Lee, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 26, 1976


Judgment affirmed, without costs.

The main questions raised on this appeal are (1) whether facts proving adultery may be testified to by a husband and received on the issue of cruel and inhuman treatment, and (2) whether the same facts may also be used as a partial basis for establishing a cause of action for divorce on the ground of adultery, notwithstanding the wording of CPLR 4502. Plaintiff established that defendant socialized with a neighbor to a point where...

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