Cramer v. Cramer

Appellate Division of the Supreme Court of New York

Cramer v. Cramer

68 A.D.2d 1013, 415 N.Y.S.2d 109, 1979 N.Y. App. Div. LEXIS 11295

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

DecidedMarch 29, 1979

StatusPublished

This text of 68 A.D.2d 1013 (Cramer v. Cramer) 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

Cramer v. Cramer, 68 A.D.2d 1013, 415 N.Y.S.2d 109, 1979 N.Y. App. Div. LEXIS 11295 (N.Y. Ct. App. 1979).

Pincite

Opinion

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered December 28, 1977 in Montgomery County, upon a decision of the court at a Trial Term, with an advisory jury. The plaintiff sued the defendant for divorce based upon cruel and inhuman treatment and the defendant sued the plaintiff for divorce upon the same grounds. The advisory jury returned a verdict in favor of both parties and the court granted such mutual relief in the judgment appealed from. The plaintiff has not appealed from so much of the decree as grants a divorce in favor of the defendant. The record contains [1014]*1014evidence of frustration and incompatibility; however, there is a failure to establish that either the physical or mental well-being of the plaintiff was so endangered as to render it unsafe or improper for him to continue to cohabit with the defendant (Anderson v Anderson, 58 AD2d 679). Judgment modified, on the law and the facts, by striking the first decretal paragraph thereof and inserting a new provision dismissing the plaintiff’s complaint, and, as so modified, affirmed, without costs. Greenblott, J. P., Staley, Jr., Main, Mikoll and Herlihy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered December 28, 1977 in Montgomery County, upon a decision of the court at a Trial Term, with an advisory jury. The plaintiff sued the defendant for divorce based upon cruel and inhuman treatment and the defendant sued the plaintiff for divorce upon the same grounds. The advisory jury returned a verdict in favor of both parties and the court granted such mutual relief in the judgment appealed from. The plaintiff has not appealed from so much of the decree as grants a divorce in favor of the defendant. The record contains [1014]*1014evidence of frustration and incompatibility; however, there is a failure to establish that either the physical or mental well-being of the plaintiff was so endangered as to render it unsafe or improper for him to continue to cohabit with the defendant (Anderson v Anderson, 58 AD2d 679). Judgment modified, on the law and the facts, by striking the first decretal paragraph thereof and inserting a new provision dismissing the plaintiff’s complaint, and, as so modified, affirmed, without costs. Greenblott, J. P., Staley, Jr., Main, Mikoll and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

68 A.D.2d 1013, 415 N.Y.S.2d 109, 1979 N.Y. App. Div. LEXIS 11295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cramer-v-cramer-nyappdiv-1979.