Domin v. Domin

Appellate Division of the Supreme Court of New York

Domin v. Domin

188 A.D.2d 1026, 592 N.Y.S.2d 190, 1992 N.Y. App. Div. LEXIS 14869

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

DecidedDecember 30, 1992

StatusPublished

Cited by2 cases

This text of 188 A.D.2d 1026 (Domin v. Domin) 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

Domin v. Domin, 188 A.D.2d 1026, 592 N.Y.S.2d 190, 1992 N.Y. App. Div. LEXIS 14869 (N.Y. Ct. App. 1992).

Pincite

Opinion

Judgment unanimously affirmed without costs.

Memorandum: We discern no basis for disturbing the trial court’s assessment of the witnesses’ credibility or its determination on the issue of cruel and inhuman treatment (see, Zack v Zack, 183 AD2d 382; Dunne v Dunne, 172 AD2d 482, 483). The record demonstrates that defendant engaged in a course of conduct that endangered plaintiffs physical and mental well-being, rendering it unsafe and improper for the parties to continue to cohabit (see, Domestic Relations Law § 170 [1]). The course of conduct included constant verbal abuse and unjustifiable accusations that plaintiff was lazy. Defendant’s outbursts included instances when she threatened plaintiff with a butcher knife; on one occasion she stabbed him in the cheek with a paring knife. On some occasions, defendant grabbed plaintiffs genitals, threatening to "rip them * * * out”; other times she threw things at him. The record establishes that defendant’s conduct adversely affected plaintiff’s ability to work and caused him emotional distress, thereby threatening his well-being. Thus, we conclude that plaintiff is entitled to a divorce on the ground of cruel and inhuman treatment. (Appeal from Judgment of Supreme Court, Erie County, Kane, J. — Divorce.) Present — Boomer, J. P., Green, Balio, Boehm and Fallon, JJ.

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Judgment unanimously affirmed without costs.

Memorandum: We discern no basis for disturbing the trial court’s assessment of the witnesses’ credibility or its determination on the issue of cruel and inhuman treatment (see, Zack v Zack, 183 AD2d 382; Dunne v Dunne, 172 AD2d 482, 483). The record demonstrates that defendant engaged in a course of conduct that endangered plaintiffs physical and mental well-being, rendering it unsafe and improper for the parties to continue to cohabit (see, Domestic Relations Law § 170 [1]). The course of conduct included constant verbal abuse and unjustifiable accusations that plaintiff was lazy. Defendant’s outbursts included instances when she threatened plaintiff with a butcher knife; on one occasion she stabbed him in the cheek with a paring knife. On some occasions, defendant grabbed plaintiffs genitals, threatening to "rip them * * * out”; other times she threw things at him. The record establishes that defendant’s conduct adversely affected plaintiff’s ability to work and caused him emotional distress, thereby threatening his well-being. Thus, we conclude that plaintiff is entitled to a divorce on the ground of cruel and inhuman treatment. (Appeal from Judgment of Supreme Court, Erie County, Kane, J. — Divorce.) Present — Boomer, J. P., Green, Balio, Boehm and Fallon, JJ.

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Bluebook (online)

188 A.D.2d 1026, 592 N.Y.S.2d 190, 1992 N.Y. App. Div. LEXIS 14869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/domin-v-domin-nyappdiv-1992.

Opinion

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