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BLUTH v. BLUTH

45 A.D.3d 796 (2007)

846 N.Y.S.2d 334

ELLEN BLUTH, Respondent, v. HARVEY BLUTH, Appellant.

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

Decided November 27, 2007.

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

In order to obtain a divorce on the ground of cruel and inhuman treatment, the plaintiff must prove by a preponderance of the credible evidence that the defendant's conduct "so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant" (Domestic Relations Law §...

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