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Haghani v. Haghani

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1972
40 A.D.2d 825 (N.Y. App. Div. 1972)

Opinion

November 6, 1972

Appeal by defendant from a judgment of the Supreme Court, Queens County, entered October 18, 1971, which, after a nonjury trial, granted plaintiff a divorce and a counsel fee and referred the issues as to custody of the parties' children and as to the children's support to a designated Justice of the Supreme Court in the First Judicial District. Judgment reversed, without costs, on the law and the facts and in the interest of justice, and new trial granted. The divorce was granted on the ground of cruel and inhuman treatment. The cruelty consisted of defendant's making repeated unfounded charges of infidelity against plaintiff maliciously and in bad faith. Although this is a proper ground for divorce if proved (cf. Mante v. Mante, 34 A.D.2d 134, 136-137), we find that the evidence produced by defendant, while insufficient to prove infidelity by a fair preponderance of the credible evidence, was nonetheless sufficient to establish that he had reasonable grounds for suspicion and for making the charges. Since his charges had a reasonable basis, it is immaterial that in prior litigation between the parties several Judges had found them unproved.


Hopkins, Acting P.J., Munder, Shapiro, Christ and Brennan, JJ., concur.


Summaries of

Haghani v. Haghani

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1972
40 A.D.2d 825 (N.Y. App. Div. 1972)
Case details for

Haghani v. Haghani

Case Details

Full title:LUCILLE HAGHANI, Respondent, v. MOOSA HAGHANI, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 6, 1972

Citations

40 A.D.2d 825 (N.Y. App. Div. 1972)

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