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eBook details

• Title: Lisa Echevarria v. Aurelio Echevarria
• Author : Court of Appeals of New York
• Release Date : January 08, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

[40 N.Y.2d 262 Page 263] In this matrimonial action, plaintiff wife sued for divorce on grounds of cruel and inhuman treatment (Domestic Relations Law, § 170, subd [1]),* alleging that, within the four-year period of their marriage, her husband had beaten her twice by repeatedly striking her with his hands and causing bruises and black and blue marks on her face, head and body. The first alleged beating occurred just after the parties were married in 1970. Following the second beating in 1974, plaintiff obtained an order of protection from the Family Court at which time she was compelled to move out of the marital residence for fear of her life. Plaintiff testified that her husband frightened and harassed her and made her very nervous to the point of rendering her unable to work. At the conclusion of plaintiff's case, the Trial Judge dismissed the complaint, holding that, as a matter of law, two beatings within a four-year period were insufficient grounds for a judgment of divorce. He noted that the wife might have grounds for divorce based upon constructive abandonment (Domestic Relations Law, § 170, subd [2]) but that the action would not accrue until a year of separation had elapsed. We conclude that the Trial Judge erred in dismissing the complaint as a matter of law.

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