Colangelo v. Colangelo

Appellate Division of the Supreme Court of New York

Colangelo v. Colangelo

54 A.D.2d 1123

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

DecidedNovember 12, 1976

DocketAppeal No. 1

StatusPublished

This text of 54 A.D.2d 1123 (Colangelo v. Colangelo) 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.

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Colangelo v. Colangelo, 54 A.D.2d 1123 (N.Y. Ct. App. 1976).

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Opinion

Judgment unanimously affirmed, without costs. Memorandum: The record adequately supports the determination of the trial court which granted respondent wife a divorce from appellant husband on the ground of his cruel and inhuman treatment. There was no factual basis to support the husband’s counterclaim for the same relief and it was, therefore, properly dismissed (see Hessen v Hessen, 33 NY2d 406). We have considered the other issues raised on this appeal and find them without merit. (Appeal from judgment of Oneida Supreme Court—divorce.) Present —Marsh, P. J., Moule, Cardamone, Simons and Goldman, JJ.

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Judgment unanimously affirmed, without costs. Memorandum: The record adequately supports the determination of the trial court which granted respondent wife a divorce from appellant husband on the ground of his cruel and inhuman treatment. There was no factual basis to support the husband’s counterclaim for the same relief and it was, therefore, properly dismissed (see Hessen v Hessen, 33 NY2d 406). We have considered the other issues raised on this appeal and find them without merit. (Appeal from judgment of Oneida Supreme Court—divorce.) Present —Marsh, P. J., Moule, Cardamone, Simons and Goldman, JJ.

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54 A.D.2d 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colangelo-v-colangelo-nyappdiv-1976.

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