Bartkowski v. Bartkowski

Appellate Division of the Supreme Court of New York

Bartkowski v. Bartkowski

273 A.D.2d 942, 710 N.Y.S.2d 825, 2000 N.Y. App. Div. LEXIS 6878

Appellate Division of the Supreme Court of the State of New York·Decided June 16, 2000·Published

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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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,

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).

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Opinion

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