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WITHERSPOON v. WITHERSPOON

284 A.D.2d 954 (2001)

726 N.Y.S.2d 330

JAMES H. WITHERSPOON, Respondent, v. PAULETTE WITHERSPOON, Appellant.

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

Decided June 8, 2001.

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 properly granted plaintiff a divorce on the ground of cruel and inhuman treatment. "The determination of the trial court as fact finder on the issue of cruel and inhuman treatment will not be lightly disturbed on appeal" (Zack v Zack, 183 A.D.2d 382

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