Taylor v. Taylor

Appellate Division of the Supreme Court of New York

Taylor v. Taylor

48 A.D.3d 209, 849 N.Y.S.2d 773

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

DecidedFebruary 5, 2008

StatusPublished

This text of 48 A.D.3d 209 (Taylor v. Taylor) 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

Taylor v. Taylor, 48 A.D.3d 209, 849 N.Y.S.2d 773 (N.Y. Ct. App. 2008).

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Opinion

Judgment, Supreme Court, Bronx County (LaTia W. Martin, J.), entered September 5, 2006, after a nonjury trial, granting plaintiff a divorce on the ground of cruel and inhuman treatment, and awarding sole custody of the parties’ children to plaintiff with supervised visitation to defendant, unanimously affirmed, without costs.

There was evidence that defendant physically assaulted plaintiff on numerous occasions over the course of their six-year marriage, causing physical injury. This violence resulted in frequent intervention by the police and by the Administration for Children’s Services. Defendant was convicted of harassment for his conduct toward plaintiff. This evidence was sufficient to establish cruel and inhuman treatment (Domestic Relations Law § 170 [1]; see e.g. Meltzer v Meltzer, 255 AD2d 497 [1998]). Flaintiff was not required to introduce medical evidence on the effects of defendant’s behavior toward her (see Bailey v Bailey, 256 AD2d 1030, 1031 [1998]). There is no basis for disturbing the court’s assessment of the witnesses’ credibility (see Freas v Freas, 33 AD3d 1069, 1070 [2006]).

The record amply supported the award of custody to plaintiff as being in the children’s best interests. We have considered defendant’s remaining arguments and find them unavailing. Concur—Lippman, P.J., Mazzarelli, Friedman, Sweeny and Moskowitz, JJ.

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Judgment, Supreme Court, Bronx County (LaTia W. Martin, J.), entered September 5, 2006, after a nonjury trial, granting plaintiff a divorce on the ground of cruel and inhuman treatment, and awarding sole custody of the parties’ children to plaintiff with supervised visitation to defendant, unanimously affirmed, without costs.

There was evidence that defendant physically assaulted plaintiff on numerous occasions over the course of their six-year marriage, causing physical injury. This violence resulted in frequent intervention by the police and by the Administration for Children’s Services. Defendant was convicted of harassment for his conduct toward plaintiff. This evidence was sufficient to establish cruel and inhuman treatment (Domestic Relations Law § 170 [1]; see e.g. Meltzer v Meltzer, 255 AD2d 497 [1998]). Flaintiff was not required to introduce medical evidence on the effects of defendant’s behavior toward her (see Bailey v Bailey, 256 AD2d 1030, 1031 [1998]). There is no basis for disturbing the court’s assessment of the witnesses’ credibility (see Freas v Freas, 33 AD3d 1069, 1070 [2006]).

The record amply supported the award of custody to plaintiff as being in the children’s best interests. We have considered defendant’s remaining arguments and find them unavailing. Concur—Lippman, P.J., Mazzarelli, Friedman, Sweeny and Moskowitz, JJ.

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Bluebook (online)

48 A.D.3d 209, 849 N.Y.S.2d 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-taylor-nyappdiv-2008.

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