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SHOU-TSUNG LIN v. STRAUB

282 A.D.2d 234 (2001)

722 N.Y.S.2d 546

SHOU-TSUNG LIN, Respondent, v. ROBERT M. STRAUB, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 5, 2001.

To obtain a divorce on the ground of cruel and inhuman treatment (Domestic Relations Law § 170 [1]), the plaintiff must show serious misconduct, not mere incompatibility, i.e., a course of conduct by the defendant that is harmful to the plaintiff's physical or mental health and makes cohabitation unsafe or improper (Brady v Brady, 64 N.Y.2d 339, 343). The proof required to make such a showing in part depends on the length of...

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