ZHOA v. LI [1st Dept 2002

Full title: SHUMIN ZHOA, Plaintiff-Respondent, v. LIJUN LI, Defendant-Appellant

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

Date published: Dec 19, 2002

750 N.Y.S.2d 856 (N.Y. App. Div. 2002)

Opinion

December 19, 2002.

Order, Supreme Court, New York County (Marjory Fields, J.), entered August 2, 2001, insofar as appealed from, granting plaintiff a divorce on the ground of cruel and inhuman treatment, unanimously affirmed, without costs.

Kevin K. Tung, for Defendant-Appellant.

Plaintiff's testimony demonstrated frequent and persisting serious misconduct, including spreading false rumors of extramarital affairs, that affected plaintiff's physical and mental health, including loss of sleep and nervousness that caused him to lose his job, and was otherwise sufficient to warrant a finding of cruel and inhuman treatment, notwithstanding the lack of medical evidence (see Ridley v. Ridley, 275 A.D.2d 941, 714 N.Y.S.2d 396; Miller v. Mei, 295 A.D.2d 144, 743 N.Y.S.2d 103).

NARDELLI, J.P., TOM ELLERIN, FRIEDMAN and MARLOW, JJ., concur.