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JOHNSON v. JOHNSON

103 A.D.2d 820 (1984)

James J. Johnson, Respondent, v. Alberta V. Johnson, Appellant

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

July 23, 1984

¶ Judgment reversed, on the law, with costs, and complaint dismissed.

¶ Plaintiff's allegations that defendant was frequently absent from the marital home during the last year of the marriage, and had assaulted him on two occasions, do not entitle him to a divorce on the ground of cruel and inhuman treatment where there was no evidence that the complained of course of conduct "so endanger[ed] the physical or mental...

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