Wenz v. Wenz

Appellate Division of the Supreme Court of New York

Wenz v. Wenz

87 A.D.2d 650, 449 N.Y.S.2d 7, 1982 N.Y. App. Div. LEXIS 15984

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

DecidedMarch 29, 1982

StatusPublished

This text of 87 A.D.2d 650 (Wenz v. Wenz) 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

Wenz v. Wenz, 87 A.D.2d 650, 449 N.Y.S.2d 7, 1982 N.Y. App. Div. LEXIS 15984 (N.Y. Ct. App. 1982).

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Opinion

In a!n action for divorce, plaintiff appeals from an order of the Supreme Court, Rockland County (Leggett, J.), dated September 11, 1981, which granted defendant’s motion to dismiss the complaint at the close of the plaintiff’s case for plaintiff’s failure to prove a prima facie case. Order reversed, on the law, motion denied, and new trial granted, with costs to abide the event. By dismissing the complaint for failure to prove a prima facie case, the trial court concluded that, as a matter of law, the evidence adduced on plaintiff’s case did not constitute sufficient proof of cruel and inhuman treatment. Based on the record before us, we cannot say that, prima facie, the evidence was insufficient to establish cruel and inhuman treatment. Damiani, J. P., Lazer, Mangano and Gibbons, JJ., concur.

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In a!n action for divorce, plaintiff appeals from an order of the Supreme Court, Rockland County (Leggett, J.), dated September 11, 1981, which granted defendant’s motion to dismiss the complaint at the close of the plaintiff’s case for plaintiff’s failure to prove a prima facie case. Order reversed, on the law, motion denied, and new trial granted, with costs to abide the event. By dismissing the complaint for failure to prove a prima facie case, the trial court concluded that, as a matter of law, the evidence adduced on plaintiff’s case did not constitute sufficient proof of cruel and inhuman treatment. Based on the record before us, we cannot say that, prima facie, the evidence was insufficient to establish cruel and inhuman treatment. Damiani, J. P., Lazer, Mangano and Gibbons, JJ., concur.

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Bluebook (online)

87 A.D.2d 650, 449 N.Y.S.2d 7, 1982 N.Y. App. Div. LEXIS 15984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wenz-v-wenz-nyappdiv-1982.