SMITH v. SMITH


206 A.D.2d 255 (1994)

613 N.Y.S.2d 866

Paula Smith, Respondent, v. Kent Smith, Appellant

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

July 5, 1994


A divorce will be granted on the ground of cruel and inhuman treatment when the proof at trial establishes "that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant" (Domestic Relations Law § 170 [1]). The determination whether conduct constitutes cruel and inhuman treatment depends, "in part, on the length of the parties' marriage, because what might...

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