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PERESS v. PERESS

176 A.D.2d 191 (1991)

Allyson Peress, Respondent, v. Herbert A. Peress, Appellant

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

September 24, 1991

In determining whether or not the plaintiff wife has adequately pleaded a cause of action for divorce on the basis of cruel and inhuman treatment (see, Domestic Relations Law § 170 [1]), the IAS court is permitted broad discretion in balancing the several factors in each case (Hessen v Hessen, 33 N.Y.2d 406). We find that the IAS court did not err in determining that the complaint...

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