McKAY v. McKAY


78 A.D.2d 676 (1980)

Mary L. McKay, Respondent, v. Dennis J. McKay, Appellant

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

October 20, 1980


Judgment affirmed insofar as appealed from, with costs.

Special Term correctly dismissed defendant's counterclaim for divorce based on cruel and inhuman treatment and granted plaintiff a divorce on the same ground. The court did not find any conduct on the part of the plaintiff which would make it unsafe or improper for the defendant to continue to cohabit with her and, on the record before us, we agree. Moreover, as the trial court possesses wide discretion to determine...

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