Opinion
September 30, 1994
Appeal from the Supreme Court, Monroe County, Stander, J.
Present — Lawton, J.P., Fallon, Wesley, Callahan and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Plaintiff seeks a judgment of divorce on the ground of cruel and inhuman treatment. She alleges in her complaint that defendant verbally abused and humiliated her and placed her in fear of returning to her home because he had a gun. Plaintiff further alleges that she eventually moved into a women's shelter, where she remained in fear that defendant would come after her. Allegations of such a pattern of conduct are sufficient to establish a prima facie case of cruel and inhuman treatment (see, Bulger v. Bulger, 88 A.D.2d 895; Berlin v. Berlin, 64 Misc.2d 352, mod on other grounds 36 A.D.2d 763, lv dismissed 28 N.Y.2d 986). We conclude, therefore, that Supreme Court properly denied defendant's motion to dismiss the complaint.