Shou-Tsung Lin v. Straub
Opinion of the Court
—Judgment, Supreme Court, New York County (Joan Lobis, J.), entered March 30, 2000, insofar as appealed from, granting plaintiff a divorce on the ground of cruel and inhuman treatment, unanimously affirmed, without costs.
To obtain a divorce on the ground of cruel and inhuman treatment (Domestic Relations Law § 170 [1]), the plaintiff must show serious misconduct, not mere incompatibility, i.e., a course of conduct by the defendant that is harmful to the plaintiffs physical or mental health and makes cohabitation unsafe or improper (Brady v Brady, 64 NY2d 339, 343). The proof required to make such a showing in part depends on the length of the marriage, because what might be considered substantial misconduct within the context of a short-term marriage might only be “transient discord” in a long-term marriage (id., at 344). The instant divorce action was commenced in 1999, approximately 11 years after the parties were married
Case-law data current through December 31, 2025. Source: CourtListener bulk data.