Appellate Division of the Supreme Court of New York, 1980

Chang v. Chang

Chang v. Chang
Appellate Division of the Supreme Court of New York · Decided January 21, 1980
73 A.D.2d 945; 423 N.Y.S.2d 1016; 1980 N.Y. App. Div. LEXIS 9857
Chang v. Chang

Opinion of the Court

— In a matrimonial action, the defendant husband appeals from a judgment of the Supreme Court, Queens County, dated March 28, 1979, which, after a nonjury trial, inter alia, (1) granted plaintiff a divorce based on cruel and inhuman treatment, (2) awarded plaintiff custody of the parties’ two children and ordered the defendant to pay plaintiff $40 per week for the support of each child, and (3) awarded plaintiff a counsel fee of $1,500. Judgment affirmed, with costs. The record amply supports Special Term’s findings. The issue was solely one of credibility and Special Term was in the best position to determine that issue. Mollen, P. J., Lazer, Gibbons and Margett, JJ., concur.

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