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PONE v. PONE

129 A.D.2d 957 (1987)

Gundaris Pone, Respondent, v. Karen L. Pone, Appellant

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

April 30, 1987

Casey, J.

Defendant contends that plaintiff's complaint, which seeks a divorce based upon cruel and inhuman treatment (Domestic Relations Law § 170 [1]), fails to state a cause of action. We agree.

In Hessen v Hessen (33 N.Y.2d 406), the Court of Appeals held that a plaintiff seeking a divorce based upon cruel and inhuman treatment must show serious misconduct, not mere incompatability, and that...

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