Johnson v. Johnson

Appellate Division of the Supreme Court of New York

Johnson v. Johnson

103 A.D.2d 820, 478 N.Y.S.2d 54, 1984 N.Y. App. Div. LEXIS 19453

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

DecidedJuly 23, 1984

StatusPublished

Cited by4 cases

This text of 103 A.D.2d 820 (Johnson v. Johnson) 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

Johnson v. Johnson, 103 A.D.2d 820, 478 N.Y.S.2d 54, 1984 N.Y. App. Div. LEXIS 19453 (N.Y. Ct. App. 1984).

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Opinion

— In a matrimonial action, defendant wife appeals from a judgment of the Supreme Court, Dutchess County (Buell, J.), dated January 3, 1983, which, inter alia, granted plaintiff husband a divorce on the ground of cruel and inhuman [821]*821treatment. 11 Judgment reversed, on the law, with costs, and complaint dismissed. U Plaintiff’s allegations that defendant was frequently absent from the marital home during the last year of the marriage, and had assaulted him on two occasions, do not entitle him to a divorce on the ground of cruel and inhuman treatment where there was no evidence that the complained of course of conduct “so endanger[ed] the physical or mental well being of the plaintiff as render[ed] it unsafe or improper” for him to continue to cohabit with defendant (Domestic Relations Law, § 170, subd [1]; Sirote v Sirote, 54 AD2d 694; De Felice v De Felice, 92 AD2d 1044, 1045). Where the marriage is of long duration, the party seeking the divorce will be held to a high degree of proof (see Hessen v Hessen, 33 NY2d 406; Phillips v Phillips, 70 AD2d 30, 35-36). In this case, the parties were married 29 years, and there was no proof that defendant’s actions affected plaintiff in any deleterious way. Accordingly, the complaint should be dismissed. ¶ Titone, J. P., Gibbons, Thompson and Boyers, JJ., concur.

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— In a matrimonial action, defendant wife appeals from a judgment of the Supreme Court, Dutchess County (Buell, J.), dated January 3, 1983, which, inter alia, granted plaintiff husband a divorce on the ground of cruel and inhuman [821]*821treatment. 11 Judgment reversed, on the law, with costs, and complaint dismissed. U Plaintiff’s allegations that defendant was frequently absent from the marital home during the last year of the marriage, and had assaulted him on two occasions, do not entitle him to a divorce on the ground of cruel and inhuman treatment where there was no evidence that the complained of course of conduct “so endanger[ed] the physical or mental well being of the plaintiff as render[ed] it unsafe or improper” for him to continue to cohabit with defendant (Domestic Relations Law, § 170, subd [1]; Sirote v Sirote, 54 AD2d 694; De Felice v De Felice, 92 AD2d 1044, 1045). Where the marriage is of long duration, the party seeking the divorce will be held to a high degree of proof (see Hessen v Hessen, 33 NY2d 406; Phillips v Phillips, 70 AD2d 30, 35-36). In this case, the parties were married 29 years, and there was no proof that defendant’s actions affected plaintiff in any deleterious way. Accordingly, the complaint should be dismissed. ¶ Titone, J. P., Gibbons, Thompson and Boyers, JJ., concur.

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Bluebook (online)

103 A.D.2d 820, 478 N.Y.S.2d 54, 1984 N.Y. App. Div. LEXIS 19453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-johnson-nyappdiv-1984.

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