Ordered that the appeal is dismissed, with costs.
After a nonjury trial, the Supreme Court dismissed the plaintiff husband's cause of action for a divorce premised on cruel and inhuman treatment (see, Domestic Relations Law § 170 [1]). The Supreme Court determined, inter alia, that the plaintiff's testimony concerning the alleged acts of cruelty committed by the defendant lacked credibility. The court further observed that even crediting the plaintiff...
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