MILLER v. MILLER


104 A.D.2d 1032 (1984)

Vincent J. Miller, Appellant, v. Geraldine E. Miller, Respondent

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

October 29, 1984


Judgment affirmed, insofar as appealed from, with costs.

To obtain a divorce on the ground of cruel and inhuman treatment, the plaintiff has the burden of establishing a pattern of actual physical violence, or, if actual violence is not involved, conduct which seriously affects the health of the spouse and threatens to impair it, rendering it unsafe to cohabit. (Johnson v Johnson, 103 A.D.2d 820; Rios v Rios,

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