Appellate Division of the Supreme Court of New York, 2002

Pollack v. Pollack

Pollack v. Pollack
Appellate Division of the Supreme Court of New York · Decided January 28, 2002
290 A.D.2d 547; 736 N.Y.S.2d 628; 2002 N.Y. App. Div. LEXIS 738
Pollack v. Pollack

Opinion of the Court

In an action, inter alia, for a divorce and ancillary relief, the defendant appeals from stated portions of a judgment of the Supreme Court, Nassau County (Jonas, J.), entered November 24, 1999, which, after a nonjury trial, among other things, granted the plaintiff a divorce on the ground of cruel and inhuman treatment.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant’s contention, the plaintiff demon*548strated through her own testimony that the defendant’s behavior so adversely affected her physical and mental well-being that it became improper for her to cohabit with him (see, Fuegel v Fuegel, 271 AD2d 404; French v French, 262 AD2d 280; Meltzer v Meltzer, 255 AD2d 497). Accordingly, the Supreme Court properly granted the plaintiff a divorce on the ground of cruel and inhuman treatment.

The defendant’s remaining contentions are without merit. Smith, J.P., Krausman, Schmidt and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.