ROSE v. ROSE


18 A.D.3d 852 (2005)

795 N.Y.S.2d 472

ROSEMARY ROSE, Respondent, v. GERARD ROSE, Appellant.

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

May 31, 2005.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the plaintiff demonstrated, through her own testimony and the testimony of other witnesses, that the defendant's behavior so adversely affected her physical and mental well being that it became improper for her to cohabit with him (see Habib v Habib, 278 A.D.2d 277 [2000]; Mitry v Vezza,

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