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SMALL v. SMALL

227 A.D.2d 949 (1996)

643 N.Y.S.2d 842

Elizabeth M. Small, Respondent, v. James C. Small, Appellant

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

May 31, 1996

Judgment unanimously affirmed without costs.

Memorandum:

Upon our review of the record, we conclude that there is sufficient evidence to support a finding of cruel and inhuman treatment (see, Reck v Reck, 149 A.D.2d 934). We further conclude that Supreme Court properly refused to award defendant a share of plaintiff's enhanced earning capacity resulting from the nursing degree earned by plaintiff during the...

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