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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46672 Justice Lebowitz PLAINTIFF HUSBAND sought divorce for cruel and inhuman treatment. He claimed that while at a religious function, defendant wife threw objects at him and insulted him before family members. He also claimed that she had made numerous death threats against him and had locked him out of their home. Testimony by the parties’ eldest daughter and plaintiff’s sister indicated that the parties fought constantly. Defendant denied the allegations as to the incident at the religious function. She also denied locking plaintiff out of their home, claiming that she changed locks only after plaintiff failed to return after having left home with his clothing. The court dismissed the divorce petition. Noting plaintiff’s failure to provide medical proof supporting his claims and the lack of police or domestic incident reports being filed due to defendant’s alleged actions, it found that plaintiff did not establish that his wife had engaged in cruel and inhuman treatment that would render cohabitation unsafe or improper.

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