THOM v. THOM


162 A.D.2d 811 (1990)

Marilyn Thom, Respondent, v. Joseph Thom, Appellant

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

June 14, 1990


Mahoney, P. J.

Plaintiff commenced this action for divorce charging defendant with cruel and inhuman treatment. The parties have one daughter, born in 1982. Plaintiff's gross income was $20,000 per year and defendant's gross income was $24,000. The parties jointly owned the marital residence. A motion to dismiss the complaint for failure to state a cause of action was denied.

At trial, plaintiff testified...

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