New York Court of Appeals
Jules J. L. Hessen, Appellant-Respondent v. Penelope Hessen
February 21, 197433 N.Y.2d 406
Summary
The New York Court of Appeals affirmed the Appellate Division’s increase in alimony and upheld the trial court’s dismissal of the husband’s divorce complaint on the ground of cruel and inhuman treatment, while dismissing the wife’s cross‑appeal as she was not aggrieved. The Court held that the lower courts acted within their discretion and that the statutory framework limits the application of the cruel‑and‑inhuman‑treatment ground.