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eBook details

• Title: Josephine Filippi v. William J. Filippi
• Author : Supreme Court of New York
• Release Date : January 21, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

[53 A.D.2d 658 Page 658] In an action inter alia for divorce, plaintiff appeals, as limited by her notice of appeal and brief, from so much of a judgment of the Supreme Court, Nassau County, dated September 2, 1975, as, after a non-jury trial, (1) dismissed the complaint, (2) adjudged that she has no right, title or interest in and to moneys (a) received by respondent from his employer's profit sharing trust or (b) deposited by respondent in certain banks, (3) vacated all liens and restraints initiated by her against certain bank accounts and (4) failed to award her ancillary relief in the form of support for herself and one minor child. Judgment affirmed insofar as appealed from, without costs or disbursements. In our opinion, the evidence adduced at the trial failed to establish a course of conduct by respondent against plaintiff which endangered her physical and mental well-being and rendered it unsafe or improper for her to cohabit with him (see Domestic Relations Law, § 170, subd [1]). A marriage of long duration (24 years here) requires a high degree of proof to show that the conduct of the defendant so endangered the physical and mental well-being of the plaintiff as rendered it unsafe or improper for the plaintiff to cohabit with the defendant (Johnson v Johnson, 36 N.Y.2d 667). The statutory provision establishing cruel and inhuman treatment as a ground for divorce does not authorize dissolution of a marriage for irreconcilable differences, incompatibility or [53 A.D.2d 658 Page 659]

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