Opinion
April 16, 1996
Appeal from the Supreme Court, Suffolk County, Donald Kitson, J.
Giving deference to the jury's assessment of credibility in favor of the wife ( Dunne v. Dunne, 172 A.D.2d 482), her proof of the husband's conduct towards her, including public and private denigration, calling her crazy and threatening to have her committed to a mental institution, threatening to burn down their house, threatening her with financial ruin, committing an act of physical abuse and intimidation, and constantly ignoring her and refusing to communicate or have sexual relations with her for years on end, all of which caused her decreased appetite, lost sleep, nausea, stress, and anxiety, amply supports the finding of cruel and inhuman treatment ( Smith v. Smith, 206 A.D.2d 255, lv dismissed 84 N.Y.2d 977; McKilligan v. McKilligan, 156 A.D.2d 904; Reck v. Reck, 149 A.D.2d 934). The court properly charged the jury to consider the long term duration of the marriage in its determination ( see, Brady v. Brady, 64 N.Y.2d 339).
Concur — Rosenberger, J.P., Rubin, Nardelli and Tom, JJ.