Brady v. Brady
New York Court of Appeals
476 N.E.2d 290 (1985)
- Written by Craig Conway, LLM
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, one of whom was still a minor. 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 minor to Dorothy, granted Dorothy exclusive use of the home until the minor 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 New York Court of Appeals granted certiorari to review.
Rule of Law
Issue
Holding and Reasoning (Wachtler, C.J.)
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