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HOFFMAN v. HOFFMAN

66 A.D.2d 717 (1978)

Julian L. Hoffman, Appellant, v. Lotte Hoffman, Respondent

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

December 19, 1978

In a matrimonial action where there are cross claims for divorce on the grounds of cruel and inhuman treatment the court may properly consider and balance the several factors in the case (Hessen v Hessen 33 N.Y.2d 406). Furthermore, the trial court was in the best position to assess the credibility of the witnesses. Where the testimony on any points is convoluted or contradictory, the trier of the facts has an advantage in being...

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