DONLEY v. DONLEY


233 A.D.2d 930 (1996)

649 N.Y.S.2d 750

Cynthia M. Donley, Appellant, v. James E. Donley, Respondent

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

November 8, 1996


Order unanimously affirmed without costs.

Memorandum:

We reject the contention of plaintiff that Supreme Court erred in granting defendant's motion, made at the close of plaintiff's proof, to dismiss the complaint in this action seeking a divorce on the ground of cruel and inhuman treatment. To be entitled to a judgment of divorce on that ground, "plaintiff [is] required to establish serious misconduct on the part of defendant such that [her] physical or mental...

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