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Brady v. Brady

Court of Appeals of New York
476 N.E.2d 290 (1985)


Edward Brady (plaintiff) filed a petition against his wife, Dorothy Brady (defendant), seeking (1) a divorce on the grounds of cruel and inhuman treatment and constructive abandonment and (2) the sale of the marital residence. The parties were married for 26 years and had four children, including an infant. Edward alleged that Dorothy had physically threatened and assaulted him. Dorothy denied all of the allegations and filed a counterclaim for alimony and child support but did not seek a judgment of divorce. At trial, Edward failed to prove that Dorothy exhibited conduct amounting to cruel and inhuman treatment. Nevertheless, the trial court granted the divorce and termed the parties’ marriage as dead. Additionally, the trial court awarded custody of the infant to Dorothy, granted Dorothy exclusive use of the home until the infant was grown, and required Edward to pay child support. Edward appealed. The appellate division reversed the judgment of the trial court, holding that Edward had failed to prove cruel and inhuman conduct. The Court of Appeals of New York granted certiorari to review.

Rule of Law


Holding and Reasoning (Wachtler, C.J.)

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