MATTHEWS v. MATTHEWS


238 A.D.2d 926 (1997)

661 N.Y.S.2d 115

Colleen A. Matthews, Respondent, v. Robert E. Matthews, Appellant

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

April 25, 1997


Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting plaintiff a divorce on the ground of cruel and inhuman treatment. Plaintiff presented evidence that, on one occasion during the parties' 14-year marriage, defendant pushed her into a wall and grabbed her around the throat. She further testified that her relationship...

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