Opinion
November 9, 1998
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the judgment is affirmed, with costs.
"The determination of the trial court as a fact finder on the issue of cruel and inhuman treatment will not be lightly disturbed on appeal" ( Soto v. Soto, 216 A.D.2d 455, 456; see also, Kalinich v. Kalinich, 205 A.D.2d 736). Giving due deference to the trial court's assessment of the credibility of the witnesses, it properly found that the plaintiff was entitled to a divorce on the ground of cruel and inhuman treatment ( see, Domestic Relations Law § 170), as he demonstrated that the defendant's conduct "so endanger[ed] the physical or mental well being of the plaintiff as render[ed] it unsafe or improper for the plaintiff to cohabit with the defendant" (Domestic Relations Law § 170; see, Soto v. Soto, supra; Gray v. Gray, 245 A.D.2d 584; Wilbourne v. Wilbourne, 173 A.D.2d 289).
Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.