Elkind v. Berger

Appellate Division of the Supreme Court of New York

Elkind v. Berger

266 A.D.2d 339, 698 N.Y.S.2d 150, 1999 N.Y. App. Div. LEXIS 11555

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

DecidedNovember 15, 1999

StatusPublished

Cited by2 cases

This text of 266 A.D.2d 339 (Elkind v. Berger) 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

Elkind v. Berger, 266 A.D.2d 339, 698 N.Y.S.2d 150, 1999 N.Y. App. Div. LEXIS 11555 (N.Y. Ct. App. 1999).

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Opinion

—In an action for a divorce and ancillary relief, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Rigler, J.), dated March 22, 1999, which dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The trial court’s determination that the plaintiff failed to demonstrate his entitlement to a divorce on the ground of cruel and inhuman treatment was based upon its evaluation of the credibility of the parties. There is nothing in the record which would require this Court to disturb that determination on appeal (see, Soto v Soto, 216 AD2d 455; Tortorello v Tortorello, 133 AD2d 683). Mangano, P. J., Ritter, Joy, McGinity and Smith, JJ., concur.

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—In an action for a divorce and ancillary relief, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Rigler, J.), dated March 22, 1999, which dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The trial court’s determination that the plaintiff failed to demonstrate his entitlement to a divorce on the ground of cruel and inhuman treatment was based upon its evaluation of the credibility of the parties. There is nothing in the record which would require this Court to disturb that determination on appeal (see, Soto v Soto, 216 AD2d 455; Tortorello v Tortorello, 133 AD2d 683). Mangano, P. J., Ritter, Joy, McGinity and Smith, JJ., concur.

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Bluebook (online)

266 A.D.2d 339, 698 N.Y.S.2d 150, 1999 N.Y. App. Div. LEXIS 11555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elkind-v-berger-nyappdiv-1999.

Opinion

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