WARGULESKI v. WARGULESKI


79 A.D.2d 1107 (1981)

Patricia A. Warguleski, Respondent, v. Robert J. Warguleski, Appellant

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

January 23, 1981


Judgment reversed, without costs, and complaint dismissed.

Memorandum:

Plaintiff commenced this action for divorce in 1977, alleging that for several months prior to March, 1977 defendant's treatment of her had been cruel and inhuman, and his conduct such as to render it unsafe for her to cohabit with him (see Domestic Relations Law, § 170, subd [1]). The trial court, in a memorandum decision, pursuant to CPLR 4213 (subd [b]), found that the evidence...

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