KLEINDINST v. KLEINDINST


116 A.D.2d 988 (1986)

Harry G. Kleindinst, Respondent, v. Norma J. Kleindinst, Appellant

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

January 24, 1986


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

Memorandum:

The trial court granted plaintiff a divorce on the ground of cruel and inhuman treatment (Domestic Relations Law § 170 [1]). While such a determination will not lightly be overturned on appeal (see, Forcucci v Forcucci, 96 A.D.2d 751), there must be a reversal here because the evidence in support of plaintiff's...

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