Opinion
March 30, 1998
Appeal from the Supreme Court, Kings County (Rigler, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We reject the defendant's contention that the plaintiff's allegations of cruel and inhuman treatment are not sufficient to sustain a cause of action pursuant to Domestic Relations Law § 170 (1). In determining a motion to dismiss an action for failure to state a cause of action, the allegations in the complaint must be accepted as true ( Wanser v. Wanser, 214 A.D.2d 611; Horvath v. Horvath, 177 A.D.2d 617). The court "must examine the four corners of the complaint, and give the plaintiff the benefit of every possible favorable inference" ( Hirschhorn v. Hirschhorn, 194 A.D.2d 768). The plaintiff's allegations of cruel and inhuman treatment by the defendant, if accepted as true, 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). Furthermore, the allegations sufficiently apprised defendant of the accusations against him so as to enable him to prepare a defense ( see, Kapchan v. Kapchan, 104 A.D.2d 358; Pfeil v. Pfeil, 100 A.D.2d 725; McKilligan v. McKilligan, 156 A.D.2d 904).
Joy, J. P., Krausman, Florio and Luciano, JJ., concur.