SCHUBERT v. SCHUBERT


33 A.D.3d 1177 (2006)

823 N.Y.S.2d 282

EILEEN SCHUBERT, Appellant, v. RICHARD J. SCHUBERT, Respondent.

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

Decided October 26, 2006.


Mugglin, J.

The parties to this divorce action were married in 1970. In August 2003, plaintiff instituted this action alleging causes of action for cruel and inhuman treatment and abandonment. At the conclusion of plaintiff's case, Supreme Court granted defendant's motion for dismissal of the complaint for failure to prove a prima facie case. Plaintiff appeals.

Where, as here, a long-term marriage is at issue, "the transgressions constituting ... cruel and...

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