Pollack v. Pollack

290 A.D.2d 547, 736 N.Y.S.2d 628, 2002 N.Y. App. Div. LEXIS 738

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 28, 2002
• Status: Published

Opinion

In an action, inter alia, for a divorce and ancillary relief, the defendant appeals from stated portions of a judgment of the Supreme Court, Nassau County (Jonas, J.), entered November 24, 1999, which, after a nonjury trial, among other things, granted the plaintiff a divorce on the ground of cruel and inhuman treatment.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant’s contention, the plaintiff demonstrated through her own testimony that the defendant’s behavior so adversely affected her physical and mental well-being that it became improper for her to cohabit with him (see, Fuegel v Fuegel, 271 AD2d 404; French v French, 262 AD2d 280; Meltzer v Meltzer, 255 AD2d 497). Accordingly, the Supreme Court properly granted the plaintiff a divorce on the ground of cruel and inhuman treatment.

The defendant’s remaining contentions are without merit. Smith, J.P., Krausman, Schmidt and Cozier, JJ., concur.