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GIAMANCO v. GIAMANCO

57 A.D.2d 564 (1977)

Carol Giamanco, Respondent, v. Peter Giamanco, Appellant

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

April 11, 1977

Judgment reversed, on the law and the facts, without costs or disbursements, and new trial granted.

The respondent wife's testimony, if believed in its entirety, is sufficient to establish that it would be improper or unsafe to cohabit with the appellant husband (see Domestic Relations Law, § 170, subd [1]), since objective proof of physical or mental injury to the complaining spouse is a decisive basis for granting...

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