OBER v. ROGERS-OBER


287 A.D.2d 282 (2001)

731 N.Y.S.2d 7

STEVEN D. OBER, Appellant, v. JULIETTE ROGERS-OBER, Respondent.

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

Decided October 9, 2001.


Cognizant of the deference to be accorded to the findings of the trial court, we nevertheless find that plaintiff's generally unrebutted testimony, which was not found to be incredible, established by a preponderance of the evidence that defendant committed acts constituting cruel and inhuman treatment. Domestic Relations Law § 170 (1) requires a showing that the incidents of physical and verbal abuse testified to by plaintiff actually endangered his physical or mental...

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