GASCON v. GASCON


187 A.D.2d 955 (1992)

Elaine H. Gascon, Respondent, v. Carl E. Gascon, Appellant

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

November 18, 1992


Judgment unanimously affirmed with costs.

Memorandum:

The trial court properly awarded plaintiff a divorce on the ground of cruel and inhuman treatment (see, Domestic Relations Law § 170 [1]). The uncontroverted proof at trial established that defendant illegally tape recorded and monitored telephone calls made by plaintiff between May 1985 and October 1990 (see, Penal Law § 250.05; 18 USC § 2510) and that he made use of what he...

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