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GROSS v. GROSS

40 A.D.3d 448 (2007)

836 N.Y.S.2d 166

CAROL GROSS, Respondent, v. JEROME GROSS, Appellant.

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

Decided May 22, 2007.

"To obtain a divorce on the ground of cruel and inhuman treatment (Domestic Relations Law § 170 [1]), the plaintiff must show serious misconduct, not mere incompatibility, i.e., a course of conduct by the defendant that is harmful to the plaintiff's physical or mental health and makes cohabitation unsafe or improper (Brady v Brady, 64 N.Y.2d 339, 343)" (Shou-Tsung Lin v Straub, 282 A.D.2d 234

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