Appellate Division of the Supreme Court of New York, 2000

Whaley v. Whaley

Appellate Division of the Supreme Court of New York · Decided November 13, 2000

277 A.D.2d 1025; 716 N.Y.S.2d 227; 2000 N.Y. App. Div. LEXIS 11420

Cases that cite this one

1 later published case cites this decision.

Gorelik v. Gorelik (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting plaintiff a divorce on the ground of cruel and inhuman treatment (see, Domestic Relations Law § 170 [1]; Stricos v Stricos, 263 AD2d 659, 661). The record supports *1026the court’s findings that defendant physically barred plaintiff from entering the parties’ home; that there were arguments and threats throughout the two-year marriage; and that “[plaintiff] suffered harassment, embarrassment, stress [and] anxiety.” “In view of the short duration of the marriage, the verbal abuse, both public and private, and [the] * * * harassment of the husband by the wife, cruel and inhuman treatment was proven” (Soto v Soto, 216 AD2d 455, 456; cf., Matthews v Matthews, 238 AD2d 926, 926-927). (Appeal from Judgment of Supreme Court, Monroe County, Calvaruso, J. — Matrimonial.) Present — Pigott, Jr., P. J., Green, Hurlbutt, Scudder and Balio, JJ.

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