[DOWNLOAD] "Robert C. Pfeil v. Phyllis C. Pfeil" by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: Robert C. Pfeil v. Phyllis C. Pfeil
• Author : Supreme Court of New York
• Release Date : January 06, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Order unanimously reversed, without costs, and motion denied. Memorandum: The allegations in plaintiff's complaint are sufficient to state a cause of action for divorce or separation on the ground of cruel and inhuman treatment and are distinguishable from those in Kennedy v Kennedy (91 A.D.2d 1200), which were dismissed for insufficiency. In affirming dismissal of the complaint in Kennedy, we noted that the conduct complained of did not constitute acts of cruel and inhuman treatment endangering plaintiff's physical or mental well-being. Here, in contrast, the complaint alleges that defendant constantly initiates violent and vicious arguments and subjects him to ranting, raving, vile language and threats; that she throws household items about; that she drinks to excess at times and then becomes particularly argumentative; that she has refused to communicate with plaintiff for over five years and has refused to have sexual relations with him for the past five years. Whereas it is true that mere marital disharmony and incompatibility are insufficient to establish grounds for divorce (see Hessen v Hessen, 33 N.Y.2d 406; Buckley v Buckley, 93 A.D.2d 973), the acts here complained of constitute a course of conduct (Filippi v Filippi, 53 A.D.2d 658) which, if proven at trial, could be determined to endanger plaintiff's physical and mental well-being so as to make continued cohabitation unsafe or improper (Domestic Relations Law, § 170, subd [1]).

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