Doyle v. Doyle

Full title: MINDY R. DOYLE, Appellant, v. JOHN DOYLE, Respondent

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

Date published: Aug 17, 1998

253 A.D.2d 478 (N.Y. App. Div. 1998)

676 N.Y.S.2d 498

Opinion

August 17, 1998

Appeal from the Supreme Court, Orange County (Murphy, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that the plaintiff's allegations of cruel and inhuman treatment in the complaint and proposed amended complaint were insufficient to sustain a cause of action pursuant to Domestic Relations Law § 170 (1). Assuming the truth of these allegations, they do not establish a pattern of conduct that has endangered and continues to endanger the plaintiff's physical and mental well-being such that it would render continued cohabitation unsafe or improper (see, Hessen v. Hessen, 33 N.Y.2d 406).

Bracken, J. P., Pizzuto, Altman and Luciano, JJ., concur.