Argued January 4, 1989 Decided February 21, 1989 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Angelo Graci, J. Michael A. Ellenberg for appellants. Thomas A. Moore for respondent. MEMORANDUM. The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and a new trial granted on the issue of damages on the first cause of action. Plaintiff's decedent, Elaine Celetti, died on June 8, 1985, nearly two years after discovering
April 27, 1995 Appeal from the Supreme Court, Orange County (Patsalos, J.). Casey, J. In a divorce action based upon cruel and inhuman treatment, a plaintiff must generally show a course of conduct by the defendant spouse which is harmful to the physical or mental health of the plaintiff, making cohabitation unsafe or improper, and when the marriage is of long duration a high degree of proof of serious or substantial misconduct is required (Brady v Brady, 64 N.Y.2d 339, 343-345). Assuming that plaintiff's
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