GERBER v. GERBER


15 A.D.3d 829 (2005)

790 N.Y.S.2d 282

MATTHEW L. GERBER, Respondent, v. INGRID L. GERBER, Appellant.

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

February 24, 2005.


Rose, J.

Following the parties' nine-year marriage, Supreme Court granted plaintiff a divorce on the ground of cruel and inhuman treatment. Defendant appeals, arguing that the evidence presented by plaintiff was insufficient to warrant a divorce on this ground. Since the evidence established only the parties' incompatibility and defendant's occasionally irritating conduct, we agree with defendant's argument and accordingly reverse.

"Courts have consistently...

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