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Justice Diamond

THE PARTIES were married in July 1989. Plaintiff wife sought divorce on grounds of cruel and inhuman treatment, testifying that defendant husband had, between September and October 2002, repeatedly argued and fought with her following defendant’s refusal to permit her examination of financial documents. She claimed to have lost sleep and weight due to stress over the situation and additionally claimed that police came to her office to arrest her for violating a restraining order, obtained by defendant, preventing her from going into certain of his business files. Defendant sought dismissal for plaintiff’s failure to state a cause of action. Citing Domestic Relations Law §170(1) and numerous decisions, the court held that plaintiff failed to establish cruel and inhuman treatment. The court found the record bare as to the physical, emotional and psychological toll on plaintiff of her husband’s actions, as well as proof of cruelty that would render plaintiff’s continued cohabitation with her spouse to be unsafe.

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