YOUNGKRANS v. YOUNGKRANS


245 A.D.2d 1142 (1997)

667 N.Y.S.2d 540

Jeanne S. Youngkrans, Respondent, v. David C. Youngkrans, Appellant

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

December 31, 1997


Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings.

Memorandum:

Although the parties consented to a divorce based upon the verified complaint and defendant withdrew his answer, Supreme Court erred in awarding plaintiff a judgment of divorce on the ground of cruel and inhuman treatment. A judgment of divorce may be entered on consent "only upon competent oral proof or upon written proof that may...

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