Logourl black
From our private database of 14,200+ case briefs...

Brady v. Brady

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


Facts

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

Issue

Holding and Reasoning (Wachtler, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.