DESBONNET v. ROSE DESBONNET


34 A.D.3d 625 (2006)

826 N.Y.S.2d 327

ERIC DESBONNET, Appellant, v. MARY ROSE DESBONNET, Respondent.

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

Decided November 21, 2006.


Ordered that the order is affirmed, with costs.

In an action for a divorce and ancillary relief on the ground of cruel and inhuman treatment, a motion pursuant to CPLR 4404 (a) to set aside a jury verdict and for judgment as a matter of law will be granted where no rational jury could have reached the conclusion that the defendant's conduct constituted cruel and inhuman treatment based on the evidence presented at trial (see CPLR 4404 [a]; Rose v Rose,<...

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