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Bartkowski v. Bartkowski

273 A.D.2d 942, 710 N.Y.S.2d 825, 2000 N.Y. App. Div. LEXIS 6878
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 16, 2000
StatusPublished

This text of 273 A.D.2d 942 (Bartkowski v. Bartkowski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bartkowski v. Bartkowski, 273 A.D.2d 942, 710 N.Y.S.2d 825, 2000 N.Y. App. Div. LEXIS 6878 (N.Y. Ct. App. 2000).

Opinion

Amended order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action seeking a divorce on the ground of cruel and inhuman treatment. Defendant appeals from an amended order denying his motion for summary judgment dismissing the complaint and granting plaintiff’s request for a hearing on the issue of custody. Supreme Court properly denied defendant’s motion. It cannot be said as a matter of law that defendant’s alleged misconduct is merely trivial or that plaintiff’s allegations establish “mere incompatibility” or “transient discord” between the parties (Hessen v Hessen, 33 NY2d 406, 410-411; see, Brady v Brady, 64 NY2d 339, 343-344). Based on the record before us,

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Related

Hessen v. Hessen
308 N.E.2d 891 (New York Court of Appeals, 1974)
Brady v. Brady
476 N.E.2d 290 (New York Court of Appeals, 1985)
Brooks v. Brooks
191 A.D.2d 1042 (Appellate Division of the Supreme Court of New York, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
273 A.D.2d 942, 710 N.Y.S.2d 825, 2000 N.Y. App. Div. LEXIS 6878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartkowski-v-bartkowski-nyappdiv-2000.