Rios v. Rios

• Decision Date: 01 December 1971
• Citation: 277 N.E.2d 786,327 N.Y.S.2d 853,29 N.Y.2d 840
• Parties: , 277 N.E.2d 786 Tomas RIOS, Appellant, v. Isabel Valentine RIOS, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 853

327 N.Y.S.2d 853

29 N.Y.2d 840, 277 N.E.2d 786

Tomas RIOS, Appellant, v.Isabel Valentine RIOS, Respondent.

Court of Appeals of New York.

Dec. 1, 1971.

Appeal from the Supreme Court, Appellate Division, First Department, 34 A.D.2d 325, 311 N.Y.S.2d 664.

Kalman Finkel, New York City, for defendant.

The husband brought an action for divorce.The Supreme Court, Bronx County, James J. Leff, J., entered a judgment granting the husband a divorce and the wife appealed.

The Appellate Division reversed and directed judgment for the defendant wife dismissing the complaint.It held that the husband, who asserted that his wife on one occasion had struck him and told him to get out of their house but who did not show that his physical and mental condition was in any way affected by wife's conduct and who did not offer any evidence suggesting that it was unsafe to cohabit, was not entitled to divorce on ground of cruel and inhuman treatment....