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Skala v. Skala

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1985
111 A.D.2d 319 (N.Y. App. Div. 1985)

Opinion

May 20, 1985

Appeal from the Supreme Court, Queens County (Lonschein, J.).


Judgment affirmed, with costs.

There is ample evidence in the record to support the jury's verdict. A judgment of divorce will not be granted in this State where the plaintiff merely shows irreconcilable differences and incompatibility between the parties ( Warguleski v. Warguleski, 79 A.D.2d 1107; Jorgensen v. Jorgensen, 67 A.D.2d 902; Denny v Denny, 65 A.D.2d 658, affd 48 N.Y.2d 915). Furthermore, the court's instructions to the jury with respect to the elements of cruel and inhuman treatment and abandonment were proper. Where the divorce action is based upon such grounds, there is no public policy requiring the dissolution of a marriage merely because it is "dead" ( Hessen v. Hessen, 33 N.Y.2d 406; Kennedy v. Kennedy, 91 A.D.2d 1200). Plaintiff's reliance upon Gleason v. Gleason ( 26 N.Y.2d 28) is misplaced. There plaintiff sought a conversion divorce, which is one instance where the Legislature clearly intended that a marriage could be terminated without proof of fault. Titone, J.P., Thompson, Bracken and Rubin, JJ., concur.


Summaries of

Skala v. Skala

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1985
111 A.D.2d 319 (N.Y. App. Div. 1985)
Case details for

Skala v. Skala

Case Details

Full title:BEATRICE SKALA, Appellant, v. FRANK SKALA, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 20, 1985

Citations

111 A.D.2d 319 (N.Y. App. Div. 1985)

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