Order unanimously reversed on the law without costs, motion denied, complaint reinstated and new trial granted.
Memorandum:
Supreme Court erred in granting defendant's motion to dismiss the complaint in this divorce action at the close of plaintiff's proof. While a high degree of proof of cruel and inhuman treatment is required in a marriage of long duration and "`an isolated act of mistreatment will rarely suffice'" (Wikiera v Wikiera,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.