CAUTHERS v. CAUTHERS


32 A.D.3d 880 (2006)

821 N.Y.S.2d 239

STANLEY CAUTHERS, Respondent, v. FRANCES CAUTHERS, Appellant.

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

September 19, 2006.


Ordered that the interlocutory judgment is reversed, on the law, with costs, and the complaint is dismissed.

The plaintiff, after 40 years of marriage, commenced this action for a divorce and ancillary relief. After a nonjury trial, the Supreme Court granted the plaintiff a divorce on the ground of cruel and inhuman treatment. We reverse.

Where, as here, a case is tried without a jury, this Court's power to review the evidence is as broad as that of the trial...

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