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Hird v. Hird

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1049 (N.Y. App. Div. 1991)

Opinion

February 1, 1991

Appeal from the Supreme Court, Kings County, Rigler, J.

Present — Denman, J.P., Green, Balio, Davis and Lowery, JJ.


Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiff a judgment of divorce on the ground of cruel and inhuman treatment. Although the court should have stated "the facts it deems essential" (CPLR 4213 [b]), reversal is not required because the record on appeal is complete and permits this court to make the proper findings (see, Katzenstein v Katzenstein, 90 A.D.2d 533, 534; Schwartz v Schwartz, 52 A.D.2d 874; Keklak v Keklak, 49 A.D.2d 926). The testimony established that defendant physically and verbally abused and threatened plaintiff and that defendant was involved in an extramarital relationship during the marriage (see, Pfeil v Pfeil, 100 A.D.2d 725; Barry v Barry, 93 A.D.2d 797; McPherson v McPherson, 53 A.D.2d 791). Corroboration of plaintiff's testimony was not required (see, Borg v Borg, 107 A.D.2d 777, 778, lv denied 65 N.Y.2d 606; D'Amato v D'Amato, 96 A.D.2d 849).


Summaries of

Hird v. Hird

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1991
170 A.D.2d 1049 (N.Y. App. Div. 1991)
Case details for

Hird v. Hird

Case Details

Full title:LLOYD HIRD, Respondent, v. HYACINTH HIRD, Appellant

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

Date published: Feb 1, 1991

Citations

170 A.D.2d 1049 (N.Y. App. Div. 1991)

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