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Anonymous v. Anonymous

37 Misc.2d 773, 236 N.Y.S.2d 288 (1962)

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Anonymous v. Anonymous

Supreme Court of New York for Nassau County

37 Misc.2d 773, 236 N.Y.S.2d 288 (1962)

Facts

The plaintiff (husband) and the defendant (wife) were married. The husband suspected the wife of committing adultery and arranged for her to be followed. The husband informed the wife that he was going to have her followed. The wife nevertheless met the man with which she was having an affair and continued the affair. The wife was seeing a psychiatrist at the time and was admitted to a psychiatric hospital a few days after the incident. The husband filed a petition for divorce based on adultery. The wife opposed the petition on the ground of insanity. The wife’s psychiatrist testified that he had diagnosed the wife with schizophrenic-affective disorder. The psychiatrist testified that the wife’s actions were motivated by emotionality and were the result of irrational thinking, in that the wife could not tell the difference between right and wrong. The husband called as a witness his own psychiatrist, who testified that while the wife was emotionally unstable, she fully understood the nature of her actions. The trial court granted the husband’s petition for divorce. The wife appealed.

Rule of Law

Issue

Holding and Reasoning (Meyer, J.)

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