Appellate Division of the Supreme Court of New York, 1991

Hird v. Hird

Hird v. Hird
Appellate Division of the Supreme Court of New York · Decided February 1, 1991
170 A.D.2d 1049; 566 N.Y.S.2d 117; 1991 N.Y. App. Div. LEXIS 1932
Hird v. Hird

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiff a judgment of divorce on the ground of cruel and inhuman treatment. Although the court should have stated "the facts it deems essential” (CPLR 4213 [b]), reversal is not required because *1050the record on appeal is complete and permits this court to make the proper findings (see, Katzenstein v Katzenstein, 90 AD2d 533, 534; Schwartz v Schwartz, 52 AD2d 874; Keklak v Keklak, 49 AD2d 926). The testimony established that defendant physically and verbally abused and threatened plaintiff and that defendant was involved in an extramarital relationship during the marriage (see, Pfeil v Pfeil, 100 AD2d 725; Barry v Barry, 93 AD2d 797; McPherson v McPherson, 53 AD2d 791). Corroboration of plaintiff’s testimony was not required (see, Borg v Borg, 107 AD2d 777, 778, lv denied 65 NY2d 606; D’Amato v D'Amato, 96 AD2d 849). (Appeal from Judgment of Supreme Court, Kings County, Rigler, J.—Divorce.) Present—Denman, J. P., Green, Balio, Davis and Lowery, JJ.

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