Burke v. Burke

Appellate Division of the Supreme Court of New York

Burke v. Burke

78 A.D.2d 867, 434 N.Y.S.2d 1006, 1980 N.Y. App. Div. LEXIS 13580

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 1980

StatusPublished

This text of 78 A.D.2d 867 (Burke v. Burke) 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

Burke v. Burke, 78 A.D.2d 867, 434 N.Y.S.2d 1006, 1980 N.Y. App. Div. LEXIS 13580 (N.Y. Ct. App. 1980).

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Opinion

In an action for divorce, plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County, entered April 29, 1980, as denied her a judgment of divorce, custody and support of the three minor children of the marriage, alimony and exclusive possession of the marital domicile, and granted defendant’s motion to dismiss the complaint “on the entire case.” Judgment affirmed insofar as appealed from, without costs or disbursements. Trial Term correctly determined that plaintiff failed to prove by a preponderance of the evidence her allegations of defendant’s cruel and inhuman treatment (see Underwood u Underwood, 55 AD2d 1016). Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

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In an action for divorce, plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County, entered April 29, 1980, as denied her a judgment of divorce, custody and support of the three minor children of the marriage, alimony and exclusive possession of the marital domicile, and granted defendant’s motion to dismiss the complaint “on the entire case.” Judgment affirmed insofar as appealed from, without costs or disbursements. Trial Term correctly determined that plaintiff failed to prove by a preponderance of the evidence her allegations of defendant’s cruel and inhuman treatment (see Underwood u Underwood, 55 AD2d 1016). Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

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Bluebook (online)

78 A.D.2d 867, 434 N.Y.S.2d 1006, 1980 N.Y. App. Div. LEXIS 13580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-burke-nyappdiv-1980.

Opinion

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