Opinion
June 19, 1995
Appeal from the Supreme Court, Orange County (Barone, J).
Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.
The determination of the trial court as a fact finder on the issue of cruel and inhuman treatment will not be lightly disturbed on appeal (see, Tortorello v. Tortorello, 133 A.D.2d 683; Rieger v. Rieger, 161 A.D.2d 227). Giving due deference to the trial court's assessment of the credibility of the witnesses, we are satisfied that the husband sufficiently demonstrated a course of conduct by the wife which so endangered his physical or mental well-being as rendered it unsafe or improper for him to cohabit with her (see, Domestic Relations Law § 170; Rieger v. Rieger, supra; Bulger v. Bulger, 88 A.D.2d 895). In view of the short duration of the marriage, the verbal abuse, both public and private, and physical harassment of the husband by the wife, cruel and inhuman treatment was proven (see, Hessen v Hessen, 33 N.Y.2d 406; Rieger v. Rieger, supra; Bulger v. Bulger, supra).
Contrary to the wife's contention, the trial court acted within its discretion in granting the husband's motion to conform the pleadings to the proof adduced at trial (see, Murray v. City of New York, 43 N.Y.2d 400). Bracken, J.P., Balletta, Rosenblatt and Altman, JJ., concur.