From Casetext: Smarter Legal Research

Marmorale v. Marmorale

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1984
103 A.D.2d 736 (N.Y. App. Div. 1984)

Opinion

July 2, 1984


In a matrimonial action, plaintiff wife appeals from a judgment of the Supreme Court, Nassau County (Robbins, J.), entered December 21, 1982, which, inter alia, awarded defendant husband a divorce on the ground of cruel and inhuman treatment, dismissed plaintiff's action for a divorce on the grounds of adultery and/or cruel and inhuman treatment, and limited her award of maintenance to $75 per week for three years.

¶ Judgment modified, on the law and the facts, by (1) adding to the first decretal paragraph a provision dissolving the marriage on the ground of defendant's adultery and thus granting the parties a dual divorce; and (2) deleting so much of the second decretal paragraph as requires defendant to pay plaintiff $75 per week maintenance and substituting therefor a provision requiring defendant to pay plaintiff $150 per week maintenance. As so modified, judgment affirmed, with costs to the plaintiff.

¶ Since defendant husband admitted at trial that he has engaged in an adulterous relationship since 1980, the court should have granted plaintiff wife a divorce on her cause of action for divorce on the ground of adultery. After considering the factors in section 236 (part B, subd 6) of the Domestic Relations Law, we have concluded that the maintenance award of $75 per week is inadequate and that an award of $150 per week is more appropriate. Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.


Summaries of

Marmorale v. Marmorale

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1984
103 A.D.2d 736 (N.Y. App. Div. 1984)
Case details for

Marmorale v. Marmorale

Case Details

Full title:VERA MARMORALE, Appellant, v. CHARLES MARMORALE, Respondent

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

Date published: Jul 2, 1984

Citations

103 A.D.2d 736 (N.Y. App. Div. 1984)

Citing Cases

Marrow v. Marrow

Judgment unanimously reversed on the law without costs and new trial granted. Memorandum: The trial court…

Kosturek v. Kosturek

Contrary to the Supreme Court's determination, the plaintiff established, prima facie, her entitlement to…