BAILEY v. BAILEY


256 A.D.2d 1030 (1998)

683 N.Y.S.2d 321

JUDITH E. BAILEY, Respondent, v. MARTIN J. BAILEY, Appellant.

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

Decided December 30, 1998.


Graffeo, J.

The parties were married in August 1969 and have four children. In June 1995, plaintiff commenced this action for divorce alleging cruel and inhuman treatment (see, Domestic Relations Law § 170 [1]). At the conclusion of a nonjury trial, Supreme Court granted plaintiff a divorce and this appeal by defendant ensued.

In an action for divorce based on cruel and inhuman treatment it must be established that defendant's conduct was so threatening...

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